21 Del. C. § 101 — Delaware Code / Title 21 / Chapter 1 / Section 101
§ Â
        101. Words and phrases [For application of this section, see 85 Del. Laws, c. 40, Â 15].
Status: in_force

For the purposes of this title, unless the context otherwise clearly indicates:

(1) “All terrain vehicle” or “ATV” means an “off-highway vehicle” or “OHV” that is motorized and designed to travel on 4 low-pressure tires and having a seat to be straddled by the operator and handlebars for steering control. “ATV” does not include a farm vehicle being used for farming, a vehicle used for military, fire, emergency or law-enforcement purposes, a construction or logging vehicle used in performance of its common function, electric personal assistive mobility device or a registered aircraft.

(2) “Autocycle” means a 3-wheel vehicle that has a steering wheel and seating that does not require the operator to straddle or sit astride it.

(3) “Automobile transporter” means any vehicle combination designed and used for the transport of assembled highway vehicles, including truck camper units.

(4) “Axle load scale” means a scale having a platform adapted to determine the combined weight of all wheels on a single axle or of all wheels on a tandem or tri-axle of a vehicle.

(5) “Bicycle” shall include that certain class of vehicles which are exclusively human-powered by means of foot pedals, which the driver normally rides astride, which have not in excess of 3 wheels and which may be commonly known as unicycles, bicycles and tricycles.

(6) “Business district” means the territory contiguous to and including a highway when 50 percent or more of the frontage thereon for a distance of 300 feet or more is occupied by buildings in use for business.

(7) “Camping trailer” includes any nonmotorized vehicular portable unit mounted on wheels and designed to provide temporary living quarters for recreational, camping or travel use. A “camping trailer” may be constructed with or without collapsible partial side walls that fold for towing by another vehicle and unfold in set-up mode, however, the trailer must weigh 5,000 pounds or less.

(8) “Certificate of origin” means the document, in the form prescribed by the Director of the Division of Motor Vehicles, issued in conformance with this chapter certifying the manufacturer’s vehicle identification number and the motor number, when used, of the motor vehicle sold, the name of the manufacturer, the manufacturer’s shipping weight, a general description of the body, if any, and the type and model.

(9) “Chauffeur” includes every person who is employed for the principal purpose of operating a motor vehicle and every person who drives a motor vehicle while in use as a public or common carrier of persons or property.

(10) “Combination of vehicles” means any series of trucks, truck tractors, trailers or semi-trailers connected to each other by whatever means.

(11) “Commercial vehicle” means a vehicle of a type required to be registered under this title designed, used or maintained for the transportation of persons or property for hire, compensation or profit, except taxicabs.

(12) “Competition vehicle” is a vehicle that is specifically designated by its manufacturer as being intended solely for use during a special or competition event, and which is exclusively so used.

(13) “Covered heavy-duty tow and recovery vehicle” means any vehicle transporting a disabled vehicle from the place where the disabled vehicle became disabled to the nearest appropriate repair facility and that has a gross vehicle weight that is equal to or exceeds the gross vehicle weight of the disabled vehicle being transported.

(14) “Crane” means any self-propelled vehicle to which has been permanently mounted or attached any crane, whether or not such vehicle was originally a truck, tractor or other type of motor vehicle or was designed and built as a complete crane unit; but the word “crane,” as herein defined, shall not be construed to mean any truck or other vehicle equipped with or to which has been affixed any device used for the purpose of providing a means for towing other vehicles.

(15) “Dealer” includes every person engaged in the business of buying, selling or exchanging motor vehicles, trailers or semitrailers in this State and having an established place of business in this State.

(16) “Decal” means the self-adhesive sticker issued by the Department bearing the registration number assigned to an off-highway vehicle.

(17) “Department” means the Department of Transportation of this State acting directly or through its duly authorized officers and agents.

(18) “Electric bicycle” means a bicycle with 2 or 3 wheels that is equipped with fully-operable pedals, a saddle or seat for the rider, and an electric motor of less than or equal to 750 watts that meets the requirements of 1 of the following 3 classes:

a. “Class 1 electric bicycle” shall mean an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour or less.

b. “Class 2 electric bicycle” shall mean an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that ceases to provide assistance when the bicycles reaches the speed of 20 miles per hour or less.

c. “Class 3 electric bicycle” shall mean an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches a speed of no less than 20 miles per hour and no more than 28 miles per hour.

(19) “Electric motor vehicle” means a motor vehicle which is powered only by electric or electromagnetic motors.

(20) “Electric personal assistive mobility device” (EPAMD) means a self-balancing, 2-nontandem-wheeled device designed to transport only 1 person, with an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less.

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

(22) “Electronic signature” means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

(23) “Essential parts” means all integral parts and body parts, the removal, alteration or substitution of which will tend to conceal the identity or substantially alter the appearance of the vehicle.

(24) “Express highway” means a state highway especially designed for through traffic over which owners of abutting property shall have no easement or right of direct access, light or air, by reason of the fact that such property abuts such highway.

(25) “Farm equipment” means an implement that:

a. Is designed and adapted only for agricultural, horticultural or livestock raising operations; or

b. Is designed and adapted only for lifting or carrying an implement described in paragraph (25)a. of this section.

(26) “Farm tractor” includes every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry.

(27) “Federal-aid primary system highway” includes any roadway designated by the United States Secretary of Transportation as part of the federal-aid primary system in existence on June 1, 1991, as amended, that can safely accommodate the applicable vehicle widths and lengths provided under 49 U.S.C. § 31111 and 49 U.S.C. § 31113.

(28) “Foreign vehicle” includes every motor vehicle, trailer or semitrailer which is brought into this State otherwise than in the ordinary course of business by or through a manufacturer or dealer and which has not been registered in this State.

(29) “Highway” means the entire width between boundary lines of every way or place of whatever nature open to the use of the public as a matter of right for purposes of vehicular travel, but does not include a road or driveway upon grounds owned by private persons, colleges, universities or other institutions.

(30) “Intersection” means the area embraced within the prolongation of the lateral curb lines or, if none, then the lateral boundary lines of 2 or more highways which join one another at an angle, whether or not 1 such highway crosses the other.

(31) “Judgment” includes any judgment which has become final by expiration without appeal of the time within which an appeal might have been perfected or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, maintenance or use of any motor vehicle, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof or upon a cause of action on an agreement of settlement for such damages.

(32) “Jurisdiction” shall mean any state, territory or federal district of the United States or a foreign country.

(33) “License” means any license, temporary instruction permit or temporary license issued under the laws of this State pertaining to the licensing of persons to operate motor vehicles.

(34) “Licensed practitioner” means a physician, physician assistant (PA), or APRN licensed under Title 24.

(35) “Local authorities” includes every county, municipal and other local board or body having authority to adopt local police regulations under the Constitution and laws of this State.

(36) “Low speed motorized scooter” means any motorized scooter that cannot travel more than 15 miles per hour.

(37) “Manufacturer” includes every person engaged in the business of manufacturing motor vehicles, trailers or semitrailers or OHVs.

(38) “Metal tires” means all tires the surface of which on contact with the highway is wholly or partly of metal or other hard, nonresilient material.

(39) “Mobile home” is a structure transportable in 1 or more sections, which in the traveling mode is 8 body feet or more in width or 40 body feet or more in length, or when erected on-site, is more than 400 square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating and air conditioning. The structure must be constructed in accordance with construction requirements promulgated by the federal Department of Housing and Urban Development (HUD).

(40) “Moped” means a pedal or nonpedal bicycle having 2 tandem wheels, either of which is 10 inches or more in maximum diameter, and having an internal combustion engine characterized in that the maximum piston displacement is less than 55cc, or an electric motor that may be used exclusively to propel the bicycle at a speed of more than 20 miles per hour or, if the rider is pedaling, continues to provide assistance even when the bicycle reaches a speed of more than 28 miles per hour. “Moped” does not include an electric bicycle.

(41) “Motorcycle” includes every motor vehicle designed to travel on not more than 3 wheels in contact with the ground, except any such vehicle as may be included within the definition of “autocycle” or “tractor” and excepting electric personal assistive mobility device (EPAMD) and electric bicycle.

(42) “Motorized skateboard or scooter” means any device that is designed to travel on at least 2 wheels with the deck or chassis of such device open and close to the ground, that has handlebars or a hand-controlled throttle or brake, that is designed to be stood or sat upon by the operator, and that is powered by a motor that is capable of propelling the device without human propulsion. “Motorized skateboard or scooter” shall not include any automobile or device that is included within the definitions of “moped,” “motorcycle,” “off-highway vehicle (OHV),” any type of “tractor,” “triped,” “motorized wheelchair,” “electric bicycle,” or “electric personal assistive mobility device (EPAMD)” set forth in this section.

(43) “Motorized wheelchair” includes any self-propelled vehicle which is incapable of a speed in excess of 8 miles per hour and which is designed for, and used by, a handicapped person.

(44) “Motor vehicle” includes every vehicle, as defined in this section, which is self-propelled, except farm tractors, electric bicycles, electric personal assistive mobility devices, and OHVs.

(45) “Multiple draft weighting” means separately weighing each end or individual element of a vehicle or combination of vehicles and adding together the results obtained.

(46) “Natural gas vehicle” means a vehicle operated by an engine that is fueled primarily by natural gas.

(47) “Non-plug-in electric vehicle” means a motor vehicle powered by both an internal combustion motor which uses gasoline, diesel, or another fuel that is subject to the provisions of Chapter 51 of Title 30 and an electric or electromagnetic motor or form of propulsion, which is recharged during the operation of the motor vehicle and is not able to be recharged using a charging port and external power source, such as an electrical outlet or charging station to recharge the vehicle’s batteries.

(48) “Nonresident” means every person who is not a resident of this State.

(49) “Nonresident’s operating privilege” means the privilege conferred upon a nonresident by the laws of this State pertaining to the operation by the nonresident of a motor vehicle or OHV, or the use of a motor vehicle or OHV owned by the nonresident, in this State.

(50) “Off-highway vehicle” or “OHV” means a motor driven off-road vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland or other natural terrain. It includes, but is not limited to, a multi-wheel drive or low pressure tire vehicle, a motorcycle or related 2-wheel vehicle, an amphibious machine, a ground effect air-cushion vehicle or other means of transportation deriving motive power from a source other than muscle or wind. “OHV” does not include a farm vehicle being used for farming, a vehicle used for military, fire, emergency or law-enforcement purposes, a construction or logging vehicle used in performance of its common function, electric bicycle, electric personal assistive mobility device or a registered aircraft. However, nothing in this chapter shall be construed to include snowmobiles.

(51) “OHV dealer” includes every person engaged in the business of buying, selling or exchanging off-highway vehicles in that portion of this State located north of the Chesapeake and Delaware Canal. Persons offering OHVs for final delivery in that portion of this State located north of the Chesapeake and Delaware Canal through direct-mail order or through a catalog-order facility, regardless of where located, are considered to be OHV dealers and subject to this chapter.

(52) “OHV operator” includes every person who is in actual physical control of an off-highway vehicle.

(53) “Operator” includes every person who is in actual physical control of a motor vehicle upon a highway, except that for the purposes of Chapter 29 of this title the term “operator” shall include a chauffeur.

(54) “Organized or special event” is any competition involving motor vehicles that is conducted under the auspices of a recognized sanctioning body or under the authority of a governmental agency having jurisdiction over the area concerned.

(55) “Other fuel vehicle” means a motor vehicle other than an electric motor vehicle, plug-in electric vehicle, or non-plug-in electric vehicle, that is powered by an engine or motor which does not function solely on gasoline, diesel, or other fuel subject to the provisions of Chapter 51 of Title 30. It includes a motor vehicle that operates using liquified petroleum gas, propane, natural gas, ethanol, methanol, hydrogen, or another combustible fuel source.

(56) “Overweight vehicle” means any vehicle having a gross weight, including load thereon, in excess of that permitted by law; including, but not limited to, a gross weight in excess the weight for which a valid registration has been issued.

(57) “Owner” means a person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or in the event a mortgagor of a vehicle is entitled to possession then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this title.

(58) “Park trailer” is a vehicle more than 8 body feet in width that is primarily designed to provide temporary living quarters for recreation camping or seasonal use; built on a single chassis mounted on wheels which has a gross trailer area not exceeding 400 square feet in the set-up mode and is certified by the manufacturer as complying with ANSI 119.5 standard.

(59) “Person” means any individual, partnership, corporation, joint venture or legal entity of whatever nature.

(60) “Plug-in electric vehicle” means a motor vehicle powered by both an internal combustion motor which uses gasoline, diesel, or another fuel that is subject to the provisions of Chapter 51 of Title 30 and an electric or electromagnetic motor or form of propulsion, which is recharged using a charging port and external power source, such as an electrical outlet or charging station.

(61) “Pneumatic tires” means all tires inflated with compressed air.

(62) “Private road or driveway” includes every road or driveway not open to the use of the public for purposes of vehicular travel.

(63) “Proof of financial responsibility” means proof of ability to respond in damages for liability on account of accidents occurring subsequent to the effective date of said proof arising out of ownership, maintenance or use of a motor vehicle in the amount of $25,000 because of bodily injury to or death of 1 person in any 1 accident, and, subject to such limit for 1 person, in the amount of $50,000 because of bodily injury to or death of 2 or more persons in any 1 accident and in the amount of $10,000 because of injury to or destruction of property of others in any 1 accident, or a combined single limit of $60,000.

(64) “Reconstructed vehicle” means any vehicle which has been assembled or constructed largely by means of essential parts, new or used, derived from other vehicles or makes of vehicles of various names, models and types, or which, if originally otherwise constructed, has been materially altered by the removal of essential parts or by the addition or substitution of essential parts, new or used, derived from other vehicles or makes of vehicles.

(65) “Recreational trailer” includes every trailer which weighs more than 5,000 pounds, is designed to provide temporary living quarters and which is built into and is an integral part of, or permanently attached to, a trailer chassis. The trailer must contain permanently installed independent life support systems which meet the ANSI/NFPA 501 C Standard [ANSI A119.2/NFPA 501C], and provide at least 4 of the following facilities: Cooking facilities; refrigeration or ice box; self-contained toilet; heating and/or air conditioning; a portable water supply system, including a faucet and sink; separate 110-125 volt electrical power supply; or an LP-gas supply.

(66) “Recreational vehicle” includes every motor vehicle used for temporary human living quarters, not the residence of the owner or occupant, and used for recreational or vacation activities, including motor homes, self-propelled campers and other motor vehicles with permanently attached camper components. Recreational vehicle may also include every van which is used primarily for personal pleasure and not for commercial use, regardless of the equipment or furnishings contained within such van.

(67) “Registration” means the registration certificate or certificates and registration plates issued under the laws of this State pertaining to the registration of motor vehicles.

(68) “Residence district” means the territory contiguous to and including a highway not comprising a business district where 50 percent or more of the property on such highway for a distance of 300 feet or more is improved with residences or residences and buildings in use for business.

(69) “Right-of-way” means the privilege of the immediate use of the highway.

(70) “Road tractor” includes every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon independently or any part of the weight of a vehicle or load so drawn.

(71) “Roadway” means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes 2 or more separate roadways, the term “roadway” as used herein shall refer to any such roadway separately but not to all such roadways collectively.

(72) “Safety zone” means the area or space officially set aside within a highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone.

(73) “Scale” means a device used to determine or calculate weight.

(74) “School bus” means a commercial motor vehicle used to transport preprimary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events, or any vehicle which meets the regulatory requirements adopted by the Department of Education with the advice of the Division of Motor Vehicles as specified under § 2901 of Title 14. “School bus” does not include a bus used as a common carrier.

(75) “Secretary” means the Secretary of Transportation of this State or the Secretary’s duly authorized designee.

(76) “Semitrailer” includes every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle, and piling and pole trailers are to be considered to fall within the meaning of this definition.

(77) “Single draft weighing” means weighing of the entire vehicle at 1 time by use of vehicle scales, axle load scales, wheel load weighers or any combination of these weighing devices.

(78) “Solid rubber tire” includes every tire made of rubber other than a pneumatic tire.

(79) “Special construction equipment” means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: Ditch-digging apparatus, well-boring apparatus, road construction or maintenance machinery such as asphalt spreaders, air compressors and drills, bituminous mixers, bucket loaders, tractors other than truck tractors, levelling graders, finishing machines, road rollers, scarifiers, earth-moving scrapers and carryalls, welders, power shovels and drag lines, self-propelled cranes, earth-moving equipment and construction box storage trailers (except when such trailers are used for transporting merchandise). The term does not apply to dump trucks, truck mounted transit mixers, tow trucks or shovels or other vehicles designed for the transportation of persons or property to which machinery has been attached.

(80) “Specially constructed vehicle” means any vehicle which has not been originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles.

(81) a. “Special mobile equipment” means a motor vehicle that:

(1) Is not used primarily for highway transportation of people or property;

(2) Is operated or moved on a public highway or road only as an incident to its nonhighway use;

(3) Is used in agriculture;

(4) Is not operated at speeds greater than 30 miles per hour on the highway; and

(5) Does not travel a distance of greater than 50 miles on the highway on any 1 trip.

b. “Special mobile equipment” excludes a road construction or maintenance machine, mobile crane, ditch digger, well driller, concrete mixer, job-site office vehicle or portable power generator.

(82) “State” includes a state, territory, organized or unorganized, or district of the United States of America, except that for the purposes of Chapter 29 of this title the term “state” shall include any province of the Dominion of Canada.

(83) “Taxicab” includes every self-propelled motor vehicle as defined in § 1801(12) of Title 2.

(84) “Trackless trolley coach” includes every device for passenger transportation (commonly called an electric trackless trolley coach) equipped with tires of rubber or other resilient material, not operated on rails, propelled by electrical energy supplied through overhead wires, which device may also contain auxiliary means for self-propulsion by a motor using gasoline, oil or other similar fuel.

(85) “Trackless trolley operator” includes every person who is in actual physical control of any trackless trolley coach upon a highway.

(86) “Trailer” includes a mobile home, park trailer, travel trailer, house trailer, office trailer, camping trailer or any vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle.

(87) “Transporter” means a person engaged in the business of transporting mobile homes or vehicles within Delaware under contract with another entity or individual. “Transporter” does not include a person engaged in the transfer of motor vehicles that are registered for operation on the road in any state, but does include a person engaged in the following:

a. Delivering mobile homes or vehicles from a manufacturing, assembling, or distributing plant to a point of destination for the purpose of weighing, testing, transporting, or delivering such mobile home or vehicle.

b. Delivering mobile homes or vehicles for the purpose of moving such vehicles in connection with making installations, improvements, or repairs to such vehicles.

c. Delivering unregistered motor vehicles from a licensed motor vehicle dealer to another licensed motor vehicle dealer or licensed motor vehicle repair facility.

(88) “Triped” shall mean a pedal or nonpedal cycle having 3 wheels, either of which is 10 inches or more in maximum diameter, and having an internal combustion motor characterized in that the maximum piston displacement is less than 55 cc, or an electric motor rated between 751 watts and 2,000 watts. “Triped” does not include electric bicycle.

(89) “Truck camper” includes any portable unit that is constructed to provide temporary living quarters for recreational, camping or travel use, consisting of a roof, floor and sides, which is designed to be loaded onto and unloaded from the bed of a pickup truck.

(90) “Truck tractor” includes every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

(91) “Unique vehicle” means a vehicle, frame, or body, which was not manufactured to meet all Federal Motor Vehicle Safety Standards (FMVSS) in effect for the model year in which it was manufactured. It includes a vehicle which at the time of registration does not meet the requirements of the Department of Natural Resources and Environmental Control (DNREC) emissions inspection program under 7 DE Admin. Code 1126 or 1131. A unique vehicle may be registered and branded by the Division of Motor Vehicles and may have special restrictions as determined by the Division. A unique vehicle includes a vehicle which is more than 25 years old, which was not originally manufactured for import into the United States, or which is not otherwise eligible to be titled and registered pursuant to Chapter 21 of this title.

(92) “Used vehicle” includes every motor vehicle or OHV which has been sold, bargained, exchanged, given away or title transferred from the person who first acquired it from the manufacturer or importer, dealer or agent of the manufacturer or importer and so used as to have become what is commonly known as “secondhand” within the ordinary meaning thereof.

(93) “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks and excepting electric trackless trolley coaches, electric bicycles, electric personal assistive mobility devices and excepting OHVs.

(94) “Vehicle scale” means a scale adapted to weighing highway vehicles and possessing a platform on which all wheels of a vehicle may rest simultaneously.

(95) “Well-drilling machine” means any self-propelled vehicle to which has been permanently mounted or attached any rig or other equipment used for the purpose of drilling wells, whether or not such vehicle was originally a truck, tractor or other type of motor vehicle or was designed and built as a complete well-drilling unit.

(96) “Wheel load weigher” means a scale especially adapted to determine the weight of any single or set of wheels on a vehicle.

(97) “When children are present” shall, when posted in conjunction with speed limitation signage in a school zone, refer to that period of time immediately before, during or immediately after a scheduled school day during which children are physically present along, adjacent to, or crossing the regulated roadway of the school zone. The phrase shall not refer to the presence of children in the school building as the time for imposition of the speed restriction.
21 Del. C. § 4141 — Delaware Code / Title 21 / Chapter 41 / Subchapter V / Section 4141
§ Â
        4141. Pedestrian obedience to traffic-control devices and traffic regulations.
Status: in_force

(a) A pedestrian shall obey the instructions of a traffic-control device specifically applicable to the pedestrian, unless otherwise directed by a police officer or uniformed adult school crossing guard. This section shall not operate to relieve the responsibilities and duties set forth in other sections of this subchapter.

(b) Pedestrians shall be subject to traffic and pedestrian control signals as provided in §§ 4108 and 4109 of this title.

(c) At all other places, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this chapter.
21 Del. C. § 2627 — Delaware Code / Title 21 / Chapter 26 / Section 2627
§ Â
        2627. CDL Drug and Alcohol Clearinghouse requirements.
Status: in_force

(a) The Division shall request information from the Clearinghouse, and if applicable, deny the issuance, renewal, upgrade, or transfer of a CDL or CLP as stated in § 2608(c)(2) of this title.

(b) The Division shall, upon receiving notification from FMCSA that a CDL or CLP holder is prohibited from operating a CMV due to a drug and alcohol program violation, downgrade the CDL or CLP by removing the commercial privilege from the driver license. The downgrade must be completed and recorded on the CDLIS driver record within 60 days of the Division’s receipt of such notification.

(1) Reinstatement after FMCSA notification that the driver is no longer prohibited. —

If, after the Division completes and records the downgrade on the CDLIS driving record, FMCSA notifies the State that a driver is no longer prohibited from operating a commercial motor vehicle, the Division must make the driver eligible for reinstatement of the CDL or CLP privilege to the driver’s license within 10 calendar days of receiving notification from FMCSA.

(2) Reinstatement after Clearinghouse error correction. —

If, after the Division completes and records the downgrade on the CDLIS driver record, FMCSA notifies the State the driver was erroneously identified as prohibited from operating a commercial motor vehicle, the Division shall:

a. Reinstate the CDL or CLP privilege to the driver’s license within 5 business days of receiving notification of the correction from FMCSA; and

b. Expunge from the CDLIS driver record and, if applicable, the motor vehicle record, any reference related to the driver’s erroneous prohibited status within 5 business days of receiving notification of the correction from FMCSA.
21 Del. C. § 2137 — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2137
§ Â
        2137. Special license plates for former prisoners of war.
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 prisoner-of-war 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 former prisoner of war in any war, the Korean conflict, the Viet Nam 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 former prisoner of war in any war, the Korean conflict, the Viet Nam 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) [Repealed.]

(e) The Department shall reserve sufficient special license plates including the letters “POW” and numbered consecutively beginning with the numeral 1 as are necessary to implement this section.
21 Del. C. § 2139EE — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139EE
§ Â
        2139EE. Special license plates for retired state legislators.
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 retired state legislator registration number; provided, however, that the owner of the vehicle must possess and present official documentation which indicates that the owner is a retired state legislator.

(2) This section applies only to the following:

a. A private passenger vehicle; or

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

(3) For purposes of this section, “retired state legislator” means an individual who served as a senator or representative in the Delaware General Assembly for at least 10 years.

(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 $10 administrative fee which shall be deposited into a special fund and used by the Division of Motor Vehicles for the purpose of promoting the sale of the plate and administering this section and to fund Department projects notwithstanding the provisions of Chapters 13 and 14 of Title 2 to the contrary.

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

(d) The Department shall reserve sufficient special license plates including the phrase “retired state legislator” with the prefix “RSL” and numbered consecutively beginning with the numeral “1” as are necessary to implement this section.

(e) Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, the Department shall write to the representative of that person’s estate requesting that such plate be returned to the Department within 90 days.
21 Del. C. § 4173 — Delaware Code / Title 21 / Chapter 41 / Subchapter VIII / Section 4173
§ Â
        4173. Speed and weight limits on elevated structures.
Status: in_force

(a) No person shall drive a vehicle over any bridge or elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such bridge has traffic-control devices displayed.

(b) No person shall drive a vehicle over any bridge or elevated structure constituting a part of a highway when such vehicle’s gross weight, including carried load, is greater than the maximum weight which can be maintained with safety to such bridge or structure, when such structure has traffic-control devices displayed.

(c) The existence of traffic-control devices shall be conclusive evidence of the maximum speed or gross weight, including carried load, which can, with safety to any such structures, be maintained thereon.
21 Del. C. § 2744 — Delaware Code / Title 21 / Chapter 27 / Subchapter III / Section 2744
§ Â
        2744. Appeal.
Status: in_force

The decision of the Secretary shall be final and not subject to judicial review or appeal, unless the Secretary rules against the person at a hearing requested by such person in which event the person may appeal to the Court of Common Pleas, but the appeal shall not operate as a stay of the revocation of that person’s license, permit or privilege to drive.
21 Del. C. § 2515 — Delaware Code / Title 21 / Chapter 25 / Section 2515
§ Â
        2515. Sale of motor vehicles lacking catalytic converters.
Status: in_force

(a) No person shall sell a motor vehicle from which the catalytic converter has been removed without first advising the purchaser in writing and obtaining the purchaser’s signature upon said notification that the catalytic converter is missing and that the vehicle may not pass inspection. It shall be a defense to any cause of action brought pursuant to this section if the motor vehicle was not required by federal laws or regulations to have a catalytic converter as part of its equipment.

(b) Any person who sells a motor vehicle in violation of this section shall make restitution to the purchaser in an amount reasonably necessary to pay for:

(1) Parts and labor to replace the catalytic converter; and

(2) All reasonable costs and attorneys’ fees for bringing an action pursuant to this section.
21 Del. C. § 8407 — Delaware Code / Title 21 / Chapter 84 / Section 8407
§ Â
        8407. Warranty obligations [For application of this section, see 79 Del. Laws, c. 161, Ââ5].
Status: in_force

(a) A warrantor shall:

(1) Specify in writing to each of its new recreational vehicle dealers all new recreational vehicle dealer obligations, if any, for preparation, delivery, and warranty service on its products;

(2) Compensate the new recreational vehicle dealer for performing warranty service required of the new recreational vehicle dealer by the warrantor; and

(3) Provide the new recreational vehicle dealer with a schedule of compensation to be paid and the time allowances for the performance of any work and service. The schedule of compensation must include reasonable compensation for diagnostic work as well as for warranty labor.

(b) Time allowances for the diagnosis and performance of warranty labor must be reasonable for the work to be performed. In the determination of what constitutes reasonable compensation under this section, the principal factors to be given consideration are the actual wage rates being paid by the new recreational vehicle dealer, and the actual retail labor rate being charged by the new recreational vehicle dealers in the community in which the new recreational vehicle dealer is doing business. The compensation of a new recreational vehicle dealer for warranty labor may not be less than the lowest retail labor rates actually charged by the new recreational vehicle dealer for like nonwarranty labor, as long as such rates are reasonable.

(c) A warrantor shall reimburse a new recreational vehicle dealer for warranty parts at actual wholesale cost plus a minimum 30% handling charge and the cost, if any, of freight to return warranty parts to the warrantor.

(d) Warranty audits of new recreational vehicle dealer records may be conducted by the warrantor on a reasonable basis, and new recreational vehicle dealer claims for warranty compensation may not be denied except for cause, such as performance of nonwarranty repairs, material noncompliance with the warrantor’s published policies and procedures, lack of material documentation, fraud, or misrepresentation.

(e) A new recreational vehicle dealer shall submit warranty claims within 30 days after completing work.

(f) A new recreational vehicle dealer shall immediately notify a warrantor, verbally or in writing, if the new recreational vehicle dealer is unable to perform any warranty repairs within 10 days of receipt of verbal or written complaints from a consumer.

(g) A warrantor shall disapprove warranty claims in writing within 30 days after the work is completed and submitted by the new recreational vehicle dealer in the manner and form prescribed by the warrantor. Claims not specifically disapproved in writing within 30 days are construed to be approved and must be paid within 45 days after the work is completed and the claim submitted.

(h) It is a violation of this chapter for a warrantor to:

(1) Fail to perform any of its warranty obligations with respect to its warranted products;

(2) Fail to include, in written notices of factory campaigns to new recreational vehicle or new recreational trailer owners and new recreational vehicle dealers, the expected date by which necessary parts and equipment, including tires and chassis or chassis parts, will be available to new recreational vehicle dealers to perform the campaign work. A warrantor may ship parts to a new recreational vehicle dealer to effect the campaign work, and, if the parts are in excess of the new recreational vehicle dealer’s requirements, the new recreational vehicle dealer may return unused parts to the warrantor for credit after completion of the campaign;

(3) Fail to compensate any of its new recreational vehicle dealers for authorized repairs effected by the new recreational vehicle dealer of merchandise damaged in manufacture or transit to the new recreational vehicle dealer, if the carrier is selected by the warrantor, factory branch, distributor, or distributor branch;

(4) Fail to compensate any of its new recreational vehicle dealers in accordance with the schedule of compensation provided to the new recreational vehicle dealer pursuant to this section, if performed in a timely and competent manner;

(5) Intentionally misrepresent in any way to purchasers of new recreational vehicles or new recreational trailers that warranties with respect to the manufacture, performance, or design of the vehicle are made by the new recreational vehicle dealer as warrantor or co-warrantor; or

(6) Require a new recreational vehicle dealer to make warranties to customers in any manner related to the manufacture of the new recreational vehicle or new recreational trailer.

(i) It is a violation of this chapter for a new recreational vehicle dealer to:

(1) Fail to perform predelivery inspection functions, as specified by the warrantor, in a competent and timely manner;

(2) Fail to perform warranty service work authorized by the warrantor in a competent and timely manner on any transient customer’s vehicle of the same line-make;

(3) Fail to accurately document the time spent completing each repair, the total number of repair attempts conducted on a single unit, and the number of repair attempts for the same repair conducted on a single vehicle;

(4) Fail to notify the warrantor within 10 days of a second repair attempt which impairs the use, value or safety of the vehicle;

(5) Fail to maintain written records, including a consumer’s signature, regarding the amount of time a unit is stored for the consumer’s convenience during a repair; or,

(6) Make fraudulent warranty claims or misrepresent the terms of a warranty.
21 Del. C. § 4410 — Delaware Code / Title 21 / Chapter 44 / Section 4410
§ Â
        4410. Wreckers; removal; licenses; records; contract.
Status: in_force

(a) A wrecker, licensed by the Department of Safety and Homeland Security (hereinafter “Department”) or its successor upon the procurement from the Department of the license with the appropriate decal affixed thereto, shall be the responsible party for implementing the removal provisions of this chapter. The owner of the wrecker shall be responsible for removing only those vehicles as are specifically designated by complete description and serial number. The owner shall keep adequate records and furnish the Department with a monthly report.

(b) The Department of Safety and Homeland Security and wrecker owner shall enter into a contract providing for the removal of vehicles, but the Department of Safety and Homeland Security shall make the determination of the number of cars to be removed by the wrecker within an 8-hour work day with no removal permitted on Sunday.
21 Del. C. § 6413 — Delaware Code / Title 21 / Chapter 64 / Section 6413
§ Â
        6413. Access of transferee to prior title and power of attorney documents.
Status: in_force

(a) In circumstances in which a power of attorney has been used pursuant to § 6410 of this title, if a subsequent transferee elects to return to the transferee’s transferor to sign the disclosure on the title when the transferor obtains the title and does not give the transferor a power of attorney to review the title and reassignment documents, upon the transferee’s request, the transferor shall show to the transferee a copy of the power of attorney received from the previous transferor.

(b) Upon request of a purchaser, a transferor who was granted a power of attorney by the previous transferor and who holds the title to the vehicle in the transferor’s own name, must show to the purchaser the copy of the previous owner’s title and the power of attorney form.
21 Del. C. § 6307 — Delaware Code / Title 21 / Chapter 63 / Section 6307
§ Â
        6307. Wholesale Dealers.
Status: in_force

(a) A wholesale dealer who is licensed by the Division is authorized to do the following:

(1) Buy a vehicle from another dealer, a licensed auto auction or retail seller;

(2) Sell a vehicle to, or exchange vehicles only with another dealer or through a licensed auto auction;

(3) A wholesale dealer may operate from a private residence and is not required to comply with § 6303(a)(2) and (5) of this title.

(b) A wholesale dealer may not:

(1) Sell or exchange vehicles with a retail buyer; and

(2) Buy, sell or exchange new vehicles; and

(3) Sell vehicles on consignment.
21 Del. C. § 4169 — Delaware Code / Title 21 / Chapter 41 / Subchapter VIII / Section 4169
§ Â
        4169. Specific speed limits; penalty.
Status: in_force

(a) Where no special hazard exists, the following speeds shall be lawful, but any speed in excess of such limits shall be absolute evidence that the speed is not reasonable or prudent and that it is unlawful [for] all types of vehicles:

(1) 25 miles per hour in any business district;

(2) 25 miles per hour in any residential district;

(3) 20 miles per hour at all school zones where 20 mph regulatory signs are posted and state the time periods or conditions during which the speed limit is in effect; such conditions may include when children are present or while 1 or more warning lights flash;

(4) 50 miles per hour on 2-lane roadways;

(5) 55 miles per hour on 4-lane roadways and on divided roadways.

(b) Whenever the Department of Transportation shall determine, on the basis of engineering studies and traffic investigations or upon the basis of a federal law or directive by the Congress or the President, that a maximum speed limit set pursuant to subsection (a) of this section in any particular place on the state maintained highway system is greater or less than is reasonable or safe, the Department shall declare a reasonable and safe maximum limit thereat, which limit shall be effective when posted. Such maximum limit may be declared to be effective either part or all of the time and differing limits may be established for different times of the day, for different types of vehicles, for different weather conditions and when other significant factors differ. Such maximum limits may be posted on fixed or variable signs. Any speed in excess of such displayed limits shall be absolute evidence that the speed is not reasonable or prudent and that it is unlawful.

(c) Penalties for violation of this section are as follows:

(1) Whoever violates this section shall for the first offense be fined $20. For each subsequent offense, the person shall be fined $25. A subsequent violation, before being punishable as such, shall have been committed within 24 months after the commission of the prior offense.

(2) Any person violating this section who exceeds the maximum speed limit by more than 5 miles per hour but less than 16 miles per hour shall pay an additional fine of $1.00 per mile, if such violation is a first offense, or $2.00 per mile, if such violation is a subsequent offense, for each mile in excess of the maximum speed limit.

(3) Any person violating this section who exceeds the maximum speed limit by more than 15 miles per hour but less than 20 miles per hour shall pay an additional fine of $2.00 per mile, if such violation is a first offense, or $3.00 per mile, if such violation is a subsequent offense, for each mile in excess of the maximum speed limit.

(4) Any person violating this section who exceeds the maximum speed limit by more than 19 miles per hour shall pay an additional fine of $3.00 per mile, if such violation is a first offense, or $4.00 per mile, if such violation is a second offense, for each mile in excess of the maximum speed limit.

(d) The Department of Transportation shall designate a maximum speed limit of 65 miles per hour for all portions of Delaware State Route 1 located between the Red Lion Creek and the Appoquinimink River, except for the delineated nonhighway speed toll plaza area. Such maximum limits may be posted on fixed or variable signs. Any speed in excess of such displayed limits shall be absolute evidence that the speed is not reasonable or prudent and that it is unlawful.
21 Del. C. § 2156 — Delaware Code / Title 21 / Chapter 21 / Subchapter IV / Section 2156
§ Â
        2156. Fee for convertible vehicles, station wagons and suburbans; gross load weight of buses.
Status: in_force

(a) The registration fee for all convertible vehicles shall be ascertained upon the basis of the vehicle’s gross load weight. It shall be determined which is the greater, the gross load weight as a carrier of persons or the gross load weight as the carrier of property, and the greater gross load weight shall be the basis for calculating the required registration fees. The fee for all station wagons shall be the same as for vehicles used for pleasure as provided in § 2151 of this title.

(b) The gross load weight of buses used for carrying persons shall be ascertained by multiplying the maximum number of persons the vehicle is provided to carry by 150 pounds and adding the result thereby obtained to the weight of the vehicle as specified in the application.
21 Del. C. § 4198O — Delaware Code / Title 21 / Chapter 41 / Subchapter XII / Section 4198O
§ Â
        4198O. Operation of electric personal assistive mobility devices (EPAMD).
Status: in_force

(a) Nothing in this title shall be construed to limit the operation of an EPAMD on sidewalks and bike ways of the State except the following:

(1) A person operating an EPAMD shall not exceed a speed of 8 miles per hour on sidewalks and shall yield the right-of-way to pedestrians and human-powered devices at all times. An operator must also give an audible signal before overtaking and passing any pedestrian.

(2) An EPAMD may be operated on a public highway only:

a. While making a direct crossing of a highway in a marked or unmarked crosswalk;

b. Where no sidewalk is available; or

c. When so directed by a traffic control device or by a peace officer.

(3) Any person operating an EPAMD upon a highway shall ride as close as practicable to the right-hand edge of the highway;

(4) An EPAMD may not be operated at any time on a highway with a speed limit of more than 30 miles per hour except to make a direct crossing of the highway in a marked crosswalk;

(5) A person under 16 years of age shall not operate or ride upon an EPAMD unless that person is wearing a properly fitted and fastened bicycle helmet which meets or exceeds the standards set forth in § 4198K of this title;

(6) Any person operating an EPAMD shall obey all traffic control devices and shall exercise due care in the operation of the EPAMD; and

(7) No person shall ride an EPAMD 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) An EPAMD shall not require a license plate or be registered by the Division of Motor Vehicles.

(c) An EPAMD shall be equipped with front, rear and side reflectors, a system that when employed will enable the operator to bring the device to a controlled stop, and if the EPAMD is operated between 1/2 hour after sunset and 1/2 hour before sunrise, a lamp emitting a white light which, while the EPAMD is in motion, sufficiently illuminates the area in front of the operator; provided that these provisions shall be satisfied if the operator of the EPAMD wears a headlight and reflectors on the operator’s person.

(d) No proof of financial responsibility is required for the operation of an EPAMD.

(e) (1) Any person convicted of a violation of paragraphs (a)(1)-(a)(6) or subsection (c) of this section shall receive a warning for the first offense, be fined $10 for the second or subsequent offense, and shall have the EPAMD impounded for up to 30 days for the third or subsequent offense.

(2) Any person convicted of a violation of paragraph (a)(7) 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.
21 Del. C. § 2950 — Delaware Code / Title 21 / Chapter 29 / Subchapter III / Section 2950
§ Â
        2950. Bond as proof.
Status: in_force

(a) Proof of financial responsibility may be evidenced by the bond of a surety company authorized to transact business within this State or a bond with at least 2 individual sureties each owning real estate within this State and together having equities equal in value to at least twice the amount of such bond. The real estate shall be scheduled in the bond approved by a judge of a court of record, and the bond shall be conditioned for payment of the amounts specified in the definition of “proof of financial responsibility” contained in § 101 of this title. Such bond shall be filed with the Secretary of Transportation and shall not be cancellable except after 10 days’ written notice to the Secretary of Transportation. Such bond shall constitute a lien in favor of the State upon the real estate so scheduled of any surety, which lien shall exist in favor of any holder of a final judgment against the person who has filed such bond, for damages, including damages for care and loss of services because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use or operation of a motor vehicle after such bond was filed, upon the filing of notice to that effect by the Secretary of Transportation in the office of the prothonotary of any county in the State wherein any such real estate is located. The prothonotary shall enter such lien in an appropriate docket kept by the prothonotary for that purpose.

(b) If such judgment rendered against the principal on such bond is not satisfied within 60 days after it has become final, the judgment creditor may, for the judgment creditor’s own use and benefit and at the judgment creditor’s sole expense, bring an action or actions in the name of the State against the company or persons executing such bond, including an action or proceeding to foreclose any lien that may exist upon the real estate of a person who has executed such bond in accordance with Chapter 75 of Title 10.
21 Del. C. § 2811 — Delaware Code / Title 21 / Chapter 28 / Section 2811
§ Â
        2811. Determination by the Attorney General.
Status: in_force

In any case in which a person is charged with driving a motor vehicle while that person’s license, permit or privilege to drive is suspended or revoked or is charged with driving without a license, the court shall require the Attorney General to determine whether such person has been adjudged an habitual offender and, by reason of such judgment, is barred from operating a motor vehicle on the highways of this State. If the Attorney General determines that the person has been so adjudged, the Attorney General shall cause the appropriate criminal charges to be lodged.
21 Del. C. § 4153 — Delaware Code / Title 21 / Chapter 41 / Subchapter VI / Section 4153
§ Â
        4153. Limitations on turning around.
Status: in_force

(a) No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within 500 feet.

(b) The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with other traffic.
21 Del. C. § 2139U — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139U
§ Â
        2139U. Special license plates for professional paramedics and retired professional paramedics.
Status: in_force

(a) The owner of any vehicle described in subsection (b) of this section may apply to the Department for assignment to that vehicle of a special professional paramedic registration number; provided, however, that the owner of the vehicle must possess and present official documentation from the applicant’s county emergency medical services chief or from the state Office of Emergency Medical Services which indicates that the owner is a professional paramedic or a retired professional paramedic.

(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; or

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

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

(d) A minimum of 100 applicants for this plate shall be required prior to issuance of the plate.

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

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

(g) Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, the Department shall write to the representative of that person’s estate, requesting that such plate be returned to the Department within 90 days.
21 Del. C. § 2333 — Delaware Code / Title 21 / Chapter 23 / Subchapter II / Section 2333
§ Â
        2333. Uniform Commercial Code â Filing requirements not applicable when there is compliance with this title.
Status: in_force

In accordance with § 9-311(a)(2) of Title 6 (Uniform Commercial Code), where a lien is required to be filed and noted on a certificate of title pursuant to this title, no additional filing shall be required under Article 9 of Subtitle I of Title 6 (Uniform Commercial Code).
21 Del. C. § 4337 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4337
§ Â
        4337. Application of succeeding sections.
Status: in_force

Those sections of this chapter which follow immediately, including §§ 4338-4342 of this title, relating to clearance and marker lamps, reflectors and stoplights, shall apply as stated in said sections to vehicles of the type therein enumerated, namely passenger buses, trucks, truck tractors and certain trailers, semitrailers and pole trailers, respectively, when operated upon any highway, and such vehicles shall be equipped as required and all lamp equipment required shall be lighted at times mentioned in § 4331 of this title, except that clearance and side marker lamps need not be lighted on any said vehicle when operated within any municipality where there is sufficient light to render clearly discernible persons and vehicles on the highway at a distance of 500 feet.
21 Del. C. § 4177D — Delaware Code / Title 21 / Chapter 41 / Subchapter IX / Section 4177D
§ Â
        4177D. Courses of instruction; rehabilitation programs.
Status: in_force

The Secretary of the Department of Health and Social Services, through the Division of Substance Abuse and Mental Health, shall establish courses of instruction and programs of rehabilitation for persons whose drivers’ licenses have been revoked for driving a vehicle while under the influence of alcohol or any drug, or both. The Secretary of the Department of Health and Social Services shall administer such courses and programs and adopt rules and regulations for such courses and programs. The Secretary of the Department of Health and Social Services shall establish a schedule of fees for enrollment in such courses and programs. The schedule of fees may not exceed the maximum fine imposed for an offense under § 4177 of this title. A person’s successful graduation from the Superior Court’s Veterans’ Treatment Court or the successful completion of the Court of Common Pleas Driving Under the Influence Treatment Program is equivalent to a course of instruction or program of rehabilitation approved under this section.
21 Del. C. § 8609 — Delaware Code / Title 21 / Chapter 86 / Section 8609
§ Â
        8609. Insurable interest.
Status: in_force

(a) Notwithstanding any other law, statute, rule, or regulation to the contrary, a peer-to-peer car sharing program shall have an insurable interest in a shared vehicle during the car sharing period.

(b) Nothing in this section creates liability on a peer-to-peer car sharing program to maintain the coverage mandated by § 8603 of this title.

(c) A peer-to-peer car sharing program may own and maintain as the named insured 1 or more policies of motor vehicle liability insurance that provides coverage for any of the following:

(1) Liabilities assumed by the peer-to-peer car sharing program under a peer-to-peer car sharing program agreement.

(2) Any liability of the shared vehicle owner.

(3) Damage or loss to the shared motor vehicle.

(4) Any liability of the shared vehicle driver.
21 Del. C. § 6102 — Delaware Code / Title 21 / Chapter 61 / Section 6102
§ Â
        6102. Notification by owner of intention to rent vehicle.
Status: repealed

No owner of any motor vehicle who is engaged in the business of renting motor vehicles without drivers shall rent a motor vehicle without a driver, otherwise than as a part of a bona fide transaction involving the sale of such motor vehicle, unless the owner has previously notified the Department of the intention to so rent such vehicle and has complied with the requirements as to the showing of financial responsibility as provided in § 2105 [repealed] of this title.
21 Del. C. § 801 — Delaware Code / Title 21 / Chapter 8 / Section 801
§ Â
        801. Applicability.
Status: in_force

The provisions of this chapter shall apply to civil penalties created pursuant to §§ 4101(d) and 4802 of this title and to other civil penalties provided for in this title.
21 Del. C. § 6907A — Delaware Code / Title 21 / Chapter 69A / Section 6907A
§ Â
        6907A. Fees and payments.
Status: in_force

(a) Any person operating or in charge of a storage facility must display, in that portion of the storage facility where business is conducted with the public, a notice containing the following:

(1) That the owner, lessee, lienholder, or person authorized by such owner, lessee, or lienholder of a nonconsensually-towed motor vehicle, may, at no fee, obtain personal items from a towed motor vehicle during the normal business hours of the storage facility upon a showing of valid identification.

(2) The rates for towing and storage related to the nonconsensual tow of a motor vehicle.

(3) A statement that it is unlawful for a tow company or storage facility to refuse payment by major credit card if the facility does not have an ATM with reasonable access or service fees.

(b) (1) All fees charged for the nonconsensual tow of a motor vehicle and related storage services must be reasonable and not excessive. Fees are presumptively excessive if:

a. They exceed by more than 25% the usual and customary fee charged by the private towing company or storage facility for such services when provided with the consent of the owner or operator of a motor vehicle.

b. They exceed by more than 50% the usual and customary fee charged for such nonconsensual towing or related storage service by other towing companies or storage facilities operating in the county from which the motor vehicle was towed.

(2) Notwithstanding the foregoing, such fees may not exceed the maximum amounts that may be charged for such services in accordance with any applicable schedule of permissible fees adopted by municipal or other local ordinance.

(c) An owner or operator of a noncommercial motor vehicle or rental vehicle under § 2002 of Title 18 may not be charged a towing fee in excess of $250 or a daily storage rate in excess of $50. No other towing-related charges may be charged in addition to the maximum towing and storage fees.

(d) No person may assert any lien on a nonconsensually-towed motor vehicle for unpaid towing or storage fees, unless the following criteria are met:

(1) The person seeking a lien notifies the owner, lessor, and, if applicable, the lienholder of a motor vehicle by certified U.S. mail within 30 days of the date the motor vehicle was nonconsensually towed.

(2) The notification includes an itemized list of all fees incurred as of the date of the notice and any periodic fees that may be assessed.

(3) The notification informs the owner, lessor, and lienholder of the motor vehicle that the private tow company may assert a lien against the motor vehicle if the motor vehicle is not retrieved and the fees are not paid within 60 days of the delivery of the notice.

(e) Private tow companies and storage facilities must accept as a means of payment all major credit cards and debit cards, or have an ATM for which any service or access fee is reasonable.
21 Del. C. § 707 — Delaware Code / Title 21 / Chapter 7 / Section 707
§ Â
        707. Sunday hearings; bail.
Status: in_force

(a) Any justice of the peace or mayor may hear and determine cases involving alleged violation of the traffic laws on Sunday.

(b) Any judgment rendered or bail bond taken in pursuance of the provisions of this title shall be of full force and effect as though such judgment were rendered or bail bond accepted on days other than Sundays, if the justice of the peace or mayor so rendering or accepting bail bond on Sunday heretofore would have had jurisdiction on days other than Sundays to render such judgment or accept such bail bond.
21 Del. C. § 2139Q — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139Q
§ Â
        2139Q. Stop child abuse 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 “Stop Child Abuse” registration plate, provided that at least 100 such applications are received by the Division.

(b) This section applies to:

(1) A private passenger vehicle; or

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

(c) Upon the initial application for a plate to be issued pursuant to this section, a 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 have covered the costs of promoting and administering this section shall be applied pursuant to subsection (f) of this section.

(e) After making the initial application for a plate to be issued pursuant to this section, the owner shall pay a $40 surcharge annually for each plate in addition to the regular registration fee.

(f) The funds derived by the State from that portion of the initial fee of $50 that is not defined as an administrative fee pursuant to subsections (c) and (d) of this section and the $40 surcharge under subsection (e) of this section shall be deposited by the Division of Motor Vehicles with the State Treasurer and shall be forwarded to the Delaware Community Foundation who, in turn, shall deposit them in the Protecting Delaware’s Children Fund.

(g) All registration plates issued pursuant to this section shall be of the colors and design as determined by the Child Protection Accountability Commission. The numbers and/or letters assigned will be the same as the current license plate assigned to the vehicle. The Division of Motor Vehicles shall have the power to refuse any design which it believes would cause a public safety enforcement problem.

(h) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
21 Del. C. § 8503 — Delaware Code / Title 21 / Chapter 85 / Section 8503
§ Â
        8503. Nonessential idling prohibited; defined.
Status: in_force

(a) No person may permit the nonessential idling of a locomotive under its control or on its property between 8 p.m. and 7 a.m.

(b) Idling is nonessential if it is not a result of 1 or more of the following circumstances:

(1) Traffic conditions.

(2) The direction of a law-enforcement officer.

(3) The operation of defrosting, heating, or cooling equipment to ensure the health or safety of the driver or passenger.

(4) The operation of the primary propulsion engine for essential work-related mechanical or electrical operations other than propulsion.

(5) Required maintenance, servicing, repairing, diagnostics, or inspections.

(c) This section does not apply within the boundaries of property zoned for industrial activity by the county or municipality having jurisdiction over the property.
21 Del. C. § 2140O — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2140O
§ Â
        2140O. Special registration plates supporting Plastic Free Delaware.
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 waste reduction registration plate. The Division shall issue the plate if it receives at least 200 of such applications.

(b) This section applies to:

(1) A private passenger vehicle; or

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

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

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

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

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

(e) The funds derived by the State from that portion of the 1-time fee of $50 that is not defined as an administrative fee pursuant to subsection (c) and (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 to support education and outreach programs in Plastic Free Delaware’s Fund.

(f) All registration plates issued pursuant to this section shall be of the colors and design as determined by the Division and Plastic Free Delaware, Inc. The numbers and 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 lieu thereof the wording agreed upon with the organization.

(g) The Division of Motor Vehicles shall have the power to refuse any design which it believes would cause a public safety enforcement problem. The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
21 Del. C. § 303 — Delaware Code / Title 21 / Chapter 3 / Section 303
§ Â
        303. Forms.
Status: in_force

The Secretary shall provide suitable forms for applications, registration cards, license number plates and all other forms required for the purposes of this title and shall prepay transportation charges thereon.
21 Del. C. § 4120 — Delaware Code / Title 21 / Chapter 41 / Subchapter III / Section 4120
§ Â
        4120. No-passing zones; exceptions.
Status: in_force

(a) The Department of Transportation is authorized to determine those portions of any highway where overtaking and passing or driving to the left of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones and when such signs or markings are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey the directions thereof.

(b) Where signs or markings are in place to define a no-passing zone, no driver shall at any time drive on the left side of the roadway within such no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length; except as follows:

(1) When reasonably necessary to avoid parked vehicles, pedestrians, animals, surface hazards or other obstructions on a roadway and where only 1 travel lane proceeding in a given direction exists but while still obeying the limitations described in §§ 4118 and 4119 of this title;

(2) When reasonably necessary to pass a vehicle or bicycle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing and where only 1 travel lane proceeding in a given direction exists but while still obeying the limitations described in §§ 4118 and 4119 of this title; or

(3) When making a left turn into or from an alley, private road, driveway or highway.
21 Del. C. § 2705 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2705
§ Â
        2705. Persons exempt from licensing requirements.
Status: in_force

The licensing requirements of this title do not apply to:

(1) An individual while driving or operating a road roller, road machinery or any farm tractor or implement of husbandry temporarily drawn, moved or propelled on the highways;

(2) A member of the armed forces of the United States who is serving on active duty and any dependent of the member, if:

a. The driver possesses a license to drive issued to the driver by the driver’s state of domicile; and

b. The license authorizes the driver to drive in the driver’s state of domicile vehicles of the class that the driver is driving in this State; or

(3) For not more than 30 days after the driver returns to the United States, a member of the armed forces of the United States who is returning from active duty outside the United States and any dependent of the member who is returning from residence with the member outside the United States, if:

a. The driver possesses a license to drive issued to the driver by the armed forces of the United States in a place outside the United States; and

b. The license authorizes the driver to drive vehicles of the class that the driver is driving in this State.
21 Del. C. § 2902 — Delaware Code / Title 21 / Chapter 29 / Subchapter I / Section 2902
§ Â
        2902. Motor vehicle liability policy. [For application of this section, see 81 Del. Laws, c. 39, Â 2].
Status: in_force

(a) A “motor vehicle liability policy,” as said term is used in this chapter, shall mean an owner’s or an operator’s policy of liability insurance, certified, as provided in § 2948 or § 2949 of this title, as proof of financial responsibility and issued, except as otherwise provided in § 2949 of this title, by an insurance carrier duly authorized to transact business in this State, to or for the benefit of the person named therein as insured.

(b) Such owner’s policy of liability insurance shall:

(1) Designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby to be granted; and

(2) Insure the person named therein and any other person, as insured, using any such motor vehicle or motor vehicles with the express or implied permission of such named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of such motor vehicle or motor vehicles within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each such motor vehicle, as follows: $25,000, because of bodily injury to or death of 1 person in any 1 accident and, subject to said limit for 1 person $50,000, because of bodily injury to or death of 2 or more persons in any 1 accident, and $10,000, because of injury to or destruction of property of others in any 1 accident.

(c) Such operator’s policy of liability insurance shall insure the person named as insured therein against loss from the liability imposed upon the operator by law for damages arising out of the use by the operator of any motor vehicle not owned by the operator, within the same territorial limits and subject to the same limits of liability as are set forth above with respect to an owner’s policy of liability insurance.

(d) Such motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period and the limits of liability and shall contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.

(e) Such motor vehicle liability policy need not insure any liability under any workers’ compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured or while engaged in the operation, maintenance or repair of any such motor vehicle, nor any liability for damage to property owned by, rented to, in charge of or transported by the insured.

(f) Every motor vehicle liability policy shall be subject to the following provisions which need not be contained therein:

(1) The liability of the insurance carrier with respect to the insurance required by this chapter shall become absolute whenever injury or damage covered by said motor vehicle liability policy occurs; such policy may not be canceled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage; no statement made by the insured or on the insured’s behalf and no violation of such policy shall defeat or void such policy;

(2) The satisfaction by the insured of a judgment for such injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of such injury or damage;

(3) The insurance carrier shall have the right to settle any claim covered by the policy, and, if such settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in paragraph (b)(2) of this section;

(4) The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the chapter shall constitute the entire contract between the parties.

(g) Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy and such excess or additional coverage shall not be subject to this chapter. With respect to a policy which grants such excess or additional coverage the term “motor vehicle liability policy” shall apply only to that part of the coverage which is required by this section.

(h) Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for this chapter.

(i) Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.

(j) The requirements for a motor vehicle liability policy may be fulfilled by the policies of 1 or more insurance carriers which policies together meet such requirements.

(k) Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy.
21 Del. C. § 2108 — Delaware Code / Title 21 / Chapter 21 / Subchapter I / Section 2108
§ Â
        2108. Possession of registration card.
Status: in_force

The registration card issued for a vehicle required to be registered under this title shall at all times, while the vehicle is being operated upon a highway within this State, be in the possession of the operator thereof or carried in the vehicle and subject to inspection by any peace officer. However, an operator shall be allowed 24 hours to produce the registration card before a conviction can be obtained under this provision, such registration having been legally issued at a time prior to such operator’s arrest.
21 Del. C. § 2161 — Delaware Code / Title 21 / Chapter 21 / Subchapter V / Section 2161
§ Â
        2161. Grounds for refusal to grant registration.
Status: in_force

The Department shall not grant an application for the registration of a motor vehicle when:

(1) The applicant is not entitled thereto under this title;

(2) The applicant has neglected or refused to furnish the Department with the information required in the appropriate official form or to give reasonable additional information required by the Department;

(3) Fees required therefor by law have not been paid;

(4) The vehicle is in an unsafe and unfit condition to be operated upon the highways of this State and when it is not equipped in the manner provided by law.
21 Del. C. § 4355 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4355
§ Â
        4355. Scope and effect of regulations.
Status: in_force

(a) It is a misdemeanor for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this subchapter, or which is equipped in any manner in violation of this subchapter or for any person to do any act forbidden or fail to perform any act required under this subchapter.

(b) Nothing contained in this subchapter shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with this subchapter.

(c) This subchapter, with respect to equipment on vehicles, shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as herein made applicable.
21 Del. C. § 2102 — Delaware Code / Title 21 / Chapter 21 / Subchapter I / Section 2102
§ Â
        2102. Registration of vehicles of new residents; penalty.
Status: in_force

(a) Every owner of a motor vehicle, trailer, or other vehicle shall, within 60 days after taking up residence in this State, apply to the Secretary and obtain registration for the vehicle. Vehicle owners who have apportioned power units registered in Delaware under the International Registration Plan are exempt from the requirement to register their trailers in accordance with the International Registration Plan agreement. Members of the military and their families who have vehicles registered in their home state are also exempt from this requirement.

(b) Whoever violates subsection (a) of this section shall be fined for the first offense not less than $400 nor more than $600. For each subsequent like offense, such person shall be fined not less than $800 nor more than $1,200, or imprisoned not less than 10 days nor more than 30 days, or both.
21 Del. C. § 4348 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4348
§ Â
        4348. Additional lighting equipment [Effective until June 30, 2030].
Status: in_force

(a) Any motor vehicle may be equipped with not more than 2 side cowl or fender lamps which shall emit an amber or white light without glare.

(b) Any motor vehicle may be equipped with not more than 1 running board courtesy lamp on each side thereof which shall emit a white or amber light without glare.

(c) Any motor vehicle may be equipped with not more than 2 backup lamps either separately or in combination with other lamps, but any such backup lamp shall not be lighted when the motor vehicle is in forward motion.

(d) (1) Any vehicle may be equipped with lamps which may be used for the purpose of warning the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing and when so equipped may display such warning in addition to any other warning signals required by this subchapter.

(2) a. The lamps used to display such warning to the front shall be mounted at the same level and as widely spaced laterally as practicable and shall display simultaneously flashing white or amber lights, or any shade of color between white and amber.

b. The lamps used to display such warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable, and shall show simultaneously flashing amber or red lights, or any shade of color between amber and red.

c. These warning lights shall be visible from a distance of not less than 500 feet under normal atmospheric conditions at night.

(3) a. Flashing headlights may be installed upon any motor vehicle being used by a fire chief, assistant fire chief, fire engineer, fire police officer, police officer, a firefighter who is a member of any regularly established fire company or by an ambulance attendant who is a member of any regularly established ambulance service. Flashing lights shall only be installed if duly authorized by the fire chief or ambulance captain of the respective fire or ambulance company. The lights shall be used only in response to duty as a first responder. Only those firefighters or ambulance attendants of regularly established fire companies duly designated as first responders by their respective fire chief, or those ambulance attendants of other regularly established ambulance services duly designated as first responders by their respective ambulance captain, shall be authorized to use such flashing lights, notwithstanding § 4353(c) of this title. Nothing in this section shall be interpreted to grant emergency vehicle status to firefighters or ambulance attendants making use of such signals in their personal vehicles pursuant to § 4106 of this title. Flashing lights as used in this subsection shall mean a sudden and transient outburst of bright light either operated or activated by 4-way flashers and/or by a high and low beam headlight switch on the vehicle.

b. Modulating headlights may be installed on motorcycles for the purpose of warning other vehicles of their presence requiring the exercise of unusual care in approaching, overtaking, or passing, notwithstanding § 4353(c) of this title. Such modulating headlights must conform to the motorcycle headlamp modulation system requirements of 49 C.F.R. § 571.108 S10.17.5. Nothing in this section shall be interpreted to grant emergency status to motorcycle operators making use of such modulating headlights.(a) Any motor vehicle may be equipped with not more than 2 side cowl or fender lamps which shall emit an amber or white light without glare.

(b) Any motor vehicle may be equipped with not more than 1 running board courtesy lamp on each side thereof which shall emit a white or amber light without glare.

(c) Any motor vehicle may be equipped with not more than 2 backup lamps either separately or in combination with other lamps, but any such backup lamp shall not be lighted when the motor vehicle is in forward motion.

(d) (1) Any vehicle may be equipped with lamps which may be used for the purpose of warning the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing and when so equipped may display such warning in addition to any other warning signals required by this subchapter.

(2) a. The lamps used to display such warning to the front shall be mounted at the same level and as widely spaced laterally as practicable and shall display simultaneously flashing white or amber lights, or any shade of color between white and amber.

b. The lamps used to display such warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable, and shall show simultaneously flashing amber or red lights, or any shade of color between amber and red.

c. These warning lights shall be visible from a distance of not less than 500 feet under normal atmospheric conditions at night.

(3) a. Flashing headlights may be installed upon any motor vehicle being used by a fire chief, assistant fire chief, fire engineer, fire police officer, police officer, a firefighter who is a member of any regularly established fire company or by an ambulance attendant who is a member of any regularly established ambulance service. Flashing lights shall only be installed if duly authorized by the fire chief or ambulance captain of the respective fire or ambulance company. The lights shall be used only in response to duty as a first responder. Only those firefighters or ambulance attendants of regularly established fire companies duly designated as first responders by their respective fire chief, or those ambulance attendants of other regularly established ambulance services duly designated as first responders by their respective ambulance captain, shall be authorized to use such flashing lights, notwithstanding § 4353(c) of this title. Nothing in this section shall be interpreted to grant emergency vehicle status to firefighters or ambulance attendants making use of such signals in their personal vehicles pursuant to § 4106 of this title. Flashing lights as used in this subsection shall mean a sudden and transient outburst of bright light either operated or activated by 4-way flashers and/or by a high and low beam headlight switch on the vehicle.

b. [Repealed.]
21 Del. C. § 3203 — Delaware Code / Title 21 / Chapter 32 / Section 3203
§ Â
        3203. Power of attorney is durable.
Status: in_force

A power of attorney is durable if it contains the words: “This power of attorney shall not be affected by the subsequent incapacity of the principal,” or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent incapacity.
21 Del. C. § 2904 — Delaware Code / Title 21 / Chapter 29 / Subchapter I / Section 2904
§ Â
        2904. Self-insurers.
Status: in_force

(a) Upon condition of providing the same benefits available under a required vehicle insurance policy, any person in whose name more than 15 motor vehicles are registered in this State may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the Secretary of Transportation as provided in subsection (b) of this section.

(b) The Secretary of Transportation may, in the Secretary’s discretion, approve an application for self-insurance from such a person provided the following is submitted in satisfactory form:

(1) A continuing undertaking by the owner or other appropriate person to pay tort liabilities or basic reparation benefits, or both, and to perform all other obligations imposed by § 2118 of this title;

(2) Evidence that appropriate provisions exist for prompt and efficient administration of all claims, benefits and obligations required by § 2118 of this title; and

(3) Evidence that reliable financial arrangements, deposits or commitments exist providing assurance for payment of tort liabilities or basic reparation benefits, or both, and all other obligations imposed by this chapter substantially equivalent to those afforded by a policy of insurance complying with § 2118 of this title.

(c) Upon not less than 5 days’ notice and a hearing pursuant to such notice, the Secretary of Transportation may, upon reasonable grounds, withdraw this approval of self-insurance. Failure to pay any valid claim within 60 days of its submission or any judgment within 30 days after such judgment shall have become final shall constitute a reasonable ground for the immediate withdrawal of approval of self-insurance.
21 Del. C. § 2139V — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2139V
§ Â
        2139V. Special license plates for recipients of the Bronze Star without valor.
Status: in_force

(a) The owner of any vehicle described in subsection (b) of this section may apply to the Department for assignment to that vehicle of a special registration number, provided that the owner of the vehicle must possess official documentation which indicates that such owner is the recipient of a Bronze Star without valor (without the “V” device) while serving in the United States Armed Forces.

(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; or

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

(c) 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 administrative fee, which shall be deposited into a special fund and used by the Division of Motor Vehicles for the purpose of promoting the sale of the plate and administering this section and to fund Department projects notwithstanding the provisions of Chapters 13 and 14 of Title 2 to the contrary.

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

(e) The Department shall reserve sufficient license plates with the letter “M” and numbered consecutively beginning with the numeral “1” as are required for 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 subsection (b) of this section as a valid registration plate. No fee in addition to the annual registration fee required by this title is required for registration. If no spouse exists, the Department shall write to the representative of that person’s estate, requesting that such plate be returned to the Department within 90 days.
21 Del. C. § 2505 — Delaware Code / Title 21 / Chapter 25 / Section 2505
§ Â
        2505. Transfer to automotive recycler.
Status: in_force

(a) Whenever an automotive recycler purchases or otherwise acquires any vehicle, whether registered or unregistered, for the purpose of wrecking or dismantling it in order to resell the parts thereof, such automotive recycler shall obtain the certificate of title issued by this State or any other state, a salvage certificate or other acceptable evidence of ownership from the seller or transferee which shall be deemed to meet all State proof of ownership, and shall be kept by the automotive recycler at the place of business where the vehicle was originally acquired by the automotive recycler. The automotive recycler shall report the acquisition of all vehicles to the Department on a monthly basis on a form devised by the Department. If the vehicle is transferred by the automotive recycler or the recycler’s agent to another person or location, it shall be noted by the automotive recycler in the record, and the proof of ownership shall be transferred and kept at the same location as the vehicle, unless the vehicle is transferred to a scrap processor for recycling the vehicle scrap in which case the automotive recycler shall immediately send or deliver the proof of ownership of the vehicle to the Department. In this case the automotive recycler shall complete a 3-part form provided by the Department and shall:

(1) Retain 1 copy in the recycler’s records;

(2) Forward 1 copy to the Department together with the proof of ownership;

(3) Forward the remaining copy to the scrap processor; and

(4) The scrap processor shall, upon destruction of the vehicle, retain a copy in such processor’s records. The copy retained by the scrap processor shall be kept for a period of 3 years and the scrap processor shall make the same available for inspection by any police officer during the regular working hours of such business.

(b) The records and information required by this section shall be maintained by the automotive recycler for as long as said vehicle remains in the recycler’s possession or control; provided, however, that if the automotive recycler transfers such vehicle to another person the recycler shall nevertheless keep such records and information for a period of 3 years from the date of such transfer. All records shall be maintained at the approved business location.

(c) If the ownership of the vehicle held for resale is transferred for titling and registration purposes, the transferring licensed automotive recycler without applying for a new certificate of title may execute an assignment of the certificate of title or salvage certificate to the transferee on the reassignment form prescribed by the Department.

(d) Any person who fails, neglects or refuses to maintain the records and information required by this section, or who shall refuse to permit the examination of the records or information by persons permitted to do so by this section or Chapter 75 of this title, shall be guilty of a class B misdemeanor as the same is defined in Chapter 42 of Title 11, and shall be subject to the penalties prescribed therein.
21 Del. C. § 2140Q — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2140Q
§ Â
        2140Q. Special registration plates supporting Delaware Greenwing Ducks Unlimited.
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 Greenwing Ducks Unlimited registration plate. The Division shall issue the plate if it receives at least 200 of such applications.

(b) This section applies to any of the following:

(1) A private passenger vehicle.

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

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

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

(c) 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 of Motor Vehicles, which shall cover the cost of the plate.

(d) After making the initial application for a plate to be issued pursuant to this section, the owner shall pay a $35 annual surcharge for each plate in addition to the regular registration fee.

(e) 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 (f) of this section.

(f) The funds derived by the State from that portion of the 1-time fee of $50 and the $35 annual surcharge that are not defined as administrative fees 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 for the Greenwing Members of Delaware Ducks Unlimited deposit in the Greenwing Delaware Ducks Unlimited Fund.

(g) All registration plates issued pursuant to this section shall be of the colors and design as determined by the Division of Motor Vehicles and the Greenwing Delaware Ducks Unlimited. The numbers and letters assigned to the license plate will be the same as the current license plate assigned to the vehicle. The committee may drop the wording “The First State” and substitute in its place “Greenwing Ducks Unlimited.”

(h) The Division of Motor Vehicles shall have the power to refuse any design which it believes would cause a public safety enforcement problem. The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.
21 Del. C. § 6825 — Delaware Code / Title 21 / Chapter 68 / Section 6825
§ Â
        6825. Identification of persons operating OHVs upon public or private property.
Status: in_force

Any person operating an OHV upon public or private property shall stop and give identification upon the request of the person in control of the property and shall promptly comply with such restriction as may be imposed or remove the OHV from the premises if requested to do so.
21 Del. C. § 7506 — Delaware Code / Title 21 / Chapter 75 / Section 7506
§ Â
        7506. License fee and renewal.
Status: in_force

(a) Each automotive recycler under this chapter shall pay an annual fee for each license issued in the amount of $100.

(b) A license issued under this chapter shall expire on December 31 of each year, and may be renewed by application and payment of license fees.
21 Del. C. § 308 — Delaware Code / Title 21 / Chapter 3 / Section 308
§ Â
        308. Contingent fund for refund of renewal registration fees.
Status: in_force

The Department shall retain out of the revenue collected by it a sum sufficient to provide at all times a contingent fund of $1,000, out of which it shall pay any refunds for renewal registration fees provided for in Chapter 21 of this title. Such funds shall be deposited in the financial institution which is the legal depository of the state moneys and shall be disbursable on order of the Secretary.
21 Del. C. § 7004 — Delaware Code / Title 21 / Chapter 70 / Section 7004
§ Â
        7004. Enforcement by cadets appointed by the Superintendent of the State Police.
Status: in_force

(a) The Superintendent of the State Police is hereby authorized to appoint cadets who shall have authority to enforce violations of this chapter within the unincorporated areas of each county. Cadets appointed pursuant to this section must be at least 18 years of age. The Superintendent may establish such other qualifications as are deemed necessary or desirable.

(b) A summons issued by a cadet appointed by the Superintendent pursuant to this section shall have the same force and effect as a summons issued by the State Police.

(c) The proceeds of any civil penalty collected from a summons issued by the State Police or a cadet appointed pursuant to this section shall be deposited into the General Fund.

(d) The authority of the State Police or a cadet appointed by the Superintendent to enforce this chapter shall not be limited by any jurisdictional agreement between the State Police and any local law-enforcement agency.
21 Del. C. § 2107 — Delaware Code / Title 21 / Chapter 21 / Subchapter I / Section 2107
§ Â
        2107. Registration card; issuance; information thereon.
Status: in_force

(a) The Department upon registering a vehicle shall issue a registration card and deliver it to the owner.

(b) The registration card shall contain the date issued, the name and address of the owner, the registration number assigned to the vehicle, such description of the vehicle as may be determined by the Secretary, the period for which the vehicle is registered, a form for endorsement of notice to the Department upon transfer of the vehicle and a space in which the signature of the owner shall be placed to validate the card.

(c) This section shall be exempt from the provisions of § 2116 of this title.
21 Del. C. § 4166 — Delaware Code / Title 21 / Chapter 41 / Subchapter VII / Section 4166
§ Â
        4166. Overtaking and passing school bus; stop signal devices.
Status: repealed

(a) School bus. — (1) It shall be unlawful to operate or permit to be operated a vehicle which purports to be a school bus and which does not meet the following requirements:

a. Carries a valid school bus inspection sticker;

b. Meets all requirements set by the Department of Transportation; and

c. Complies with §§ 4362-4364 of this title [repealed].

(2) If licensed in another state, these requirements still prevail except that an inspection sticker is not required.

(3) It shall be unlawful for the driver of any vehicle which does not meet the requirements of this section to attempt to or to control traffic while stopped on the roadway to pick up and discharge passengers.

(b) School bus flashing lamps. — (1) School bus flashing lamps are intended to identify the vehicle as a school bus and to inform other users of the highway that such vehicle is about to stop or is stopped on the roadway or shoulder to take on or discharge school children. They are separate from the brake lamps and shall not be used in lieu of or to supplement the brake lamps.

(2) a. The amber warning lamps shall be activated approximately 10 seconds prior to the red stop lamps to give motorists advance notice that the bus is preparing to stop or has stopped to pick up and discharge pupils. The lamps shall always be used prior to the red when available and shall be used only after the bus is relatively parallel with the travelway. The bus may be in motion when the amber warning lamps are activated.

b. The provisions of subsection (b)(2) a. of this section shall not apply to Red Clay School District school buses equipped with, and operating stop arm cameras.

(3) The red stop lamps shall be activated only when the bus is stopped, but only when the bus is stopped on the shoulder or roadway to pick up and discharge pupils. The red stop lamps shall not be displayed while the bus is in motion either before or after a stop.

(4) The amber warning lamps and/or the red stop lamps shall not be activated:

a. In designated school bus loading zones;

b. At intersections or other places where traffic is controlled by traffic-control signals or police officers;

c. When the bus is not being used as a school bus; provided, however, the amber warning lights and/or the red stop lamps may be used any time the bus is transporting children under the age of 18.

(c) School bus words. — The words “SCHOOL BUS” shall be displayed whenever the bus is operated as a school bus. The words shall be covered, or concealed or removed when the bus is not in actual service as a school bus.

(d) (1) Overtaking and passing school bus. — When a school bus is stopped and displays flashing lamps in accordance with subsection (b) of this section, the driver of any vehicle approaching the school bus from the front or from the rear shall stop before passing the bus and remain stopped until such bus begins to move or no longer has the red stop lamps activated. On roadway or roadways with 4 or more lanes, the driver approaching from the front shall not stop.

(2) The provisions of § 4101(a) of this title or any other statute notwithstanding, the provisions of this subsection shall apply upon highways and elsewhere throughout the State.

(e) Stopping of school bus. — Whenever practical, a school bus driver shall stop as far to the right as possible to pick up and discharge passengers.

(f) Identification of violators. — If any vehicle is witnessed by a police officer, school bus operator or school crossing guard to be in violation of subsection (d) 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 such vehicle is registered committed such violation of subsection (d) of this section.

(g) Bus operators, bus aides or crossing guards as witnesses. — Whenever a school bus operator, a bus aide or a crossing guard is required to prepare, with legal counsel, for an appearance or to appear in any court as witness against a person who is alleged to have violated subsection (d) of this section, the witness shall be advised by the prosecutor assigned to the case by the Attorney General. If a witness is required to prepare for or to appear in court during working hours, as an operator, aide or guard, in a case as herein described, the witness shall not suffer any loss of wages, salary or leave time as an employee of the school district, bus contractor or other employing agency, because of such appearance, except as provided in this section. If the preparation or appearance occurs at a time other than regular working hours, then the witness shall be paid by the employer for the time involved. Payment for such time shall be at the rate regularly paid to that employee, except that such payment shall not exceed $8.00 per hour. Employers shall be reimbursed for wages and employment costs paid upon presentation of appropriate documentation to the Secretary of Education.

(h) Penalties. — Whoever violates subsection (d) of this section shall, for the first offense, be fined not less than $115 nor more than $230 or imprisoned not less than 30 days nor more than 60 days or both. For each subsequent like offense occurring within 3 years from the former offense, such person shall be fined not less than $115 nor more than $575, and imprisoned not less than 60 days nor more than 6 months. The minimum fine levied for a violation of subsection (d) of this section shall not be subject to suspension.

(i) Suspension of license. — Upon receiving a conviction for a violation of subsection (d) of this section, the Department shall suspend the driver’s license and/or driving privileges for a period of not less than 1 month, nor more than 1 year. If the driver’s license is suspended, a conditional license may be issued pursuant to regulations adopted by the Department.
21 Del. C. § 2106 — Delaware Code / Title 21 / Chapter 21 / Subchapter I / Section 2106
§ Â
        2106. Registration of vehicle and owner; records.
Status: in_force

The Department shall file each application received and, when satisfied as to the genuineness and regularity thereof and that the applicant is entitled thereto, shall register the vehicle therein described and the owner thereof in suitable books or in data processing computers under:

(1) A distinctive registration number assigned to the vehicle hereinafter referred to as the registration number, which may consist of a numerical figure or figures or of a letter or letters with a numerical figure or figures;

(2) The name of the owner;

(3) The vehicle identification number and, in the discretion of the Division, in any other method it determines.
21 Del. C. § 4177B — Delaware Code / Title 21 / Chapter 41 / Subchapter IX / Section 4177B
§ Â
        4177B. First offenders; election in lieu of trial.
Status: repealed

(a) (1) A person qualifies for the first offenders election under this section if the person meets all of the following:

a. Has never had a previous or prior conviction or offense as defined in paragraph (e)(1) of this section.

b. Had not accumulated 3 or more moving violations within 2 years of the date of the offense in question on the person’s driving record according to the records of the Division of Motor Vehicles of the person’s state of residence.

c. Was not, with respect to the offense in question, involved in an accident resulting in injury to any person other than the person’s own self.

d. Did not have an alleged blood alcohol concentration of .15 or more at the time of driving or within 4 hours of driving.

e. Was not driving without a valid license or under a suspended or revoked license at the time of the offense in question.

f. Is not subject to the enhanced penalties of § 4177(d)(10) of this title for carrying a child on or within that person’s vehicle while driving under the influence.

(2) If a person applies and qualifies for the first offenders election under this section, all of the following apply:

a. The court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and shall place the accused on probation upon terms and conditions, including enrollment in a course of instruction or program of rehabilitation established under § 4177D of this title.

b. The application constitutes a waiver of the right to speedy trial.

c. The application and acceptance of the first offenders election constitutes agreement to pay the costs of prosecution for the case. The court shall assess such costs and impose them as a condition of probation. For the purposes of this section, costs of prosecution are $250 and any additional costs as established by the appropriate court schedules.

d. The application constitutes a waiver of the right to an administrative hearing under § 2742 of this title and acts to withdraw any request previously made for such a hearing.

(3) If a person elects not to apply for the first offender election under this section, or is not qualified, the court shall promptly arraign the person for a violation of § 4177 of this title.

(b) If a person is alleged to have violated a term or condition of probation, including failure to appear for evaluation at an assigned evaluating agency, the court shall hold a hearing to determine if a term or condition has been violated and, if so, shall enter an adjudication of guilt and proceed as otherwise provided under § 4177 of this title.

(1) The court shall provide notice of the hearing required under this section and the alleged violation of a term or condition of probation to the person.

(2) If the person fails to appear for the hearing required under this section, the court may proceed with the hearing.

(c) (1) If a person fulfills the terms and conditions of probation, including satisfactory completion of the course of instruction or program of rehabilitation, and payment of all fees, the court shall do both of the following:

a. Discharge the person and the proceedings against the person.

b. Submit to the Division of Motor Vehicles a written report specifying the name of the person and the nature of the proceedings against the person.

(2) The Division of Motor Vehicles shall retain the report issued under paragraph (c)(1)b. of this section for further proceedings, if required.

(d) The Secretary shall forthwith revoke the driver’s license or driving privileges of a person who applies for the first offender election under subsection (a) of this section for a period of 1 year.

(1) If the person qualifies for and accepts the first offender election, the revocation period is for 1 year from the date of the initial revocation.

(2) If the person does not qualify for, or is not accepted into, the first offender election, or if the person is found by the court to be in violation of a term or condition of probation, the revocation period under this section continues until sentence is imposed. This revocation period is not concurrent with or part of any other revocation period established under this subchapter and is effective as of the date of sentencing for a period of 1 year.

(e) (1) Prior or previous conviction or offense. —

For purposes of §§ 2742 and 4177 of this title and this section, § 4215A of Title 11 does not apply. Instead, all of the following constitute a prior or previous conviction or offense:

a. A conviction or other adjudication of guilt or delinquency under § 4175(c) or § 4177 of this title or a similar statute of any state or local jurisdiction, any federal or military reservation, or the District of Columbia.

b. A conviction or other adjudication of guilt or delinquency under a criminal statute encompassing death or injury caused to another person by the person’s driving where driving under the influence or with a prohibited blood alcohol concentration or an illicit or recreational drug content was an element of the offense, whether such conviction was under this Code or the law of any state or local jurisdiction, any federal or military reservation, or the District of Columbia.

c. Participation in a course of instruction or program of rehabilitation or education under § 4175(c) or § 4177 of this title, this section, or a similar statute of any state or local jurisdiction, any federal or military reservation, or the District of Columbia, regardless of the existence or validity of any accompanying attendant plea or adjudication of guilt.

d. A conditional adjudication of guilt, court order, or agreement sanctioned by a court requiring or permitting a person to apply for, enroll in, or otherwise accept first offender treatment or any other diversionary program under this section or a similar statute of any state or local jurisdiction, any federal or military reservation, or the District of Columbia.

(2) Time limitations. —

For the purpose of determining the applicability of enhanced penalties under § 4177 of this title, the time limitations on use of prior or previous convictions or offenses under this subsection are as follows:

a. For sentencing under § 4177(d)(2) of this title, the second offense must have occurred within 10 years of a prior or previous offense.

b. For sentencing under § 4177(d)(3), (d)(4), (d)(5), (d)(6), (d)(7), (d)(8), or (d)(9) of this title, there is not a time limitation and all prior or previous convictions or offenses as defined in paragraph (e)(1) of this section must be considered for sentencing.

c. For any subsection that does not have a time limitation prescribed, all prior or previous convictions or offenses as defined in paragraph (e)(1) of this section must be considered.

(3) Computation of time limitations. —

For the purpose of computing the periods of time under § 2742 or § 4177 of this title or this section, the period runs from the date of the commission of the prior or previous offense to the date of the commission of the charged offense. However, in any case in which the prior or previous offense is defined in paragraph (e)(1)c. or d. of this section, the date of the driving incident which caused the adjudication or program participation is the date of the prior or previous offense.

(4) Separate and distinct offenses. —

For the purpose of determining the applicability of enhanced penalties under § 4177 of this title, prior or previous convictions or offenses used to determine eligibility for such enhanced penalties must be separate and distinct offenses; that is, each must be successive to the other with some period of time having elapsed between sentencing or adjudication for an earlier offense or conviction and the commission of the offense resulting in a subsequent conviction.

(5) Challenges to use of prior offenses. —

In any proceeding under § 2742 or § 4177 of this title or this section, a person may not challenge the validity of any prior or previous conviction, unless that person first successfully challenges the prior or previous conviction in the court in which the conviction arose and provides written notice of the specific nature of the challenge in the present proceeding to the prosecution at least 20 days before trial.

(f) (1) The Attorney General may move the sentencing court to apply this section to a person who would otherwise be disqualified from consideration under this section because of the applicability of any of the following:

a. Paragraph (a)(1)a. of this section, if any prior or previous offense as defined in subsection (e) of this section is not within 10 years of the offense for which the person is being sentenced.

b. Paragraphs (a)(1)b., (a)(1)c., (a)(1)d., (a)(1)e., and (a)(1)f. of this section.

c. [Repealed.]

(2) If the Attorney General makes a motion under paragraph (f)(1) of this section, the court may apply the terms of this section to the person.

(g) [Repealed.]
21 Del. C. § 3202 — Delaware Code / Title 21 / Chapter 32 / Section 3202
§ Â
        3202. Applicability.
Status: in_force

(a) (1) This chapter shall only apply to limited durable powers of attorney which are executed for the sole purpose of completing documentation required and allowable by the Department to accomplish certain actions set forth in this title.

(2) The provisions of this chapter shall not apply to any business or individual who is specifically required by statute or regulation to identify persons who have authority to sign on behalf of the business or individual. In those instances, all documentation must still be executed by an individual who has been previously identified in writing to the Department.

(b) A power of attorney that was granted in compliance with the laws of the jurisdiction governing such power of attorney will be recognized and enforceable under the laws of the State of Delaware in accordance with its terms.
21 Del. C. § 4367 — Delaware Code / Title 21 / Chapter 43 / Subchapter III / Section 4367
§ Â
        4367. Air conditioning.
Status: in_force

(a) School buses used to transport special education students that have a medical need for air conditioning (specified by a physician), and that go to a special education school may be air conditioned.

(b) Internal ceiling-mounted air conditioning units mounted above the seats within the head protection zone or at the rear of the bus shall be padded with materials meeting FMVSS 302 and FMVSS 222 requirements.
21 Del. C. § 2720 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2720
§ Â
        2720. Replacement licenses; requirements; fee [For application of this section, see 85 Del. Laws, c. 40, Â 15].
Status: in_force

(a) In the event that any operator’s license issued under this chapter is lost or destroyed, the person to whom it was issued may apply to the Department for the issuance of a duplicate or substitute license upon executing such forms as may be required by the Department and upon furnishing proof satisfactory to the Department that such license has been lost or destroyed. Each application for the issuance of a duplicate or substitute license under this subsection must be accompanied by a fee of $20.

(b) In the event a name change is requested for any operator’s license issued under this chapter, the person to whom it was issued may apply to the Division for the issuance of an updated license upon submitting such documentation as may be required by the Division. Each application for the issuance of a replacement license must be accompanied by a fee of $10.

(c) Upon receipt of the application and the required fee, the Secretary of Transportation of this State may, at the Secretary’s discretion, require an examination of such applicant in accordance with this chapter.

(d) Each application for the issuance of a duplicate license certificate must be accompanied by a fee of $20.

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

(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. § 4177G — Delaware Code / Title 21 / Chapter 41 / Subchapter IX / Section 4177G
§ Â
        4177G. Ignition Interlock Device Program.
Status: repealed

(a) Participation. —

An offender must participate in the Ignition Interlock Device Program as provided under this section.

(b) Definitions. —

For the purpose of this section:

(1) “Ignition interlock device” (IID) means ignition equipment approved by the Director of the Division of Motor Vehicles under this section, designed to prevent a vehicle from being operated by a person who has consumed alcoholic beverages.

(2) “Lockout” means any time an offender attempts to use a vehicle equipped with an IID and any percentage of alcoholic beverages is measured by the IID.

(3) “Offender” means a person who has accepted a first offender election under § 4177B of this title or been convicted of violating § 4177 of this title.

(4) “Offense” means a first offenders election under § 4177B of this title or a conviction under § 4177 of this title.

(5) “Service provider” means a legal entity which the Director of the Division of Motor Vehicles finds complies with the requirements of this section and approves to install IIDs on vehicles operated by offenders.

(c) IID Standards. —

The Division of Motor Vehicles shall establish the required calibration setting and shall provide standards for the certification, installation, setting, repair, and removal of the IIDs.

(d) Requirements. —

(1) An offender who is eligible under subsection (f) of this section is subject to the ignition interlock requirements of this section and § 4177C of this title during the offender’s revocation period for an offense.

(2) An offender covered under paragraph (d)(1) of this section must have the IID installed on each vehicle the offender will, or does, operate during the period under § 4177C(d)(4) of this title before the Secretary is authorized to reinstate that person’s driver’s license or driving privileges, regardless of whether the vehicle is owned by the person.

(3) An offender’s driving record maintained by the Division of Motor Vehicles must indicate any revocation period to be served under the IID program. The Division of Motor Vehicles shall issue an IID license to an otherwise eligible offender. The offender’s IID license, the registration of the vehicle on which the IID is installed, and the offender’s driving record maintained by the Division of Motor Vehicles must indicate that the offender may not operate any vehicle except when such vehicle is equipped with an IID.

(e) Installment payment of costs; indigent program. —

The Division of Motor Vehicles shall establish a payment plan for all persons obtaining an IID under this section. The plan must be administered by the service provider and the person obtaining the IID shall make all payments under the plan to the service provider. The Division of Motor Vehicles shall further develop and implement an indigent plan for impoverished persons. Any person who makes application for an indigent plan must meet certain criteria and provide specific documentation to be approved by the Division of Motor Vehicles.

(f) IID license. —

(1) The Secretary shall issue an IID license to an offender if the offender is eligible to, and does, apply for the license under § 4177C(a), (b), (c), or (f)(6) of this title and the offender meets all of the following:

a. At the time of the offense is a Delaware resident with a valid Delaware license.

b. Has an IID installed on each vehicle the offender will, or does, operate during the period under § 4177C(d)(4) of this title, regardless of whether the vehicle is owned by the person.

c. Does not have a driver’s license or driving privileges that are suspended, revoked, denied, or unavailable for any other violation of the law of any jurisdiction that would prohibit the issuance of the IID license, unless it is determined by the Secretary or the Secretary’s designee that the offender is eligible for reinstatement.

d. Does not have a driver’s license or driving privileges that are revoked under § 1009 of Title 10 or a similar law of another jurisdiction.

e. [Repealed.]

f. Own a vehicle in which the IID is to be installed or file the notarized approval of installation by the owner of a vehicle in which the IID is to be installed with the Division of Motor Vehicles.

g. Provide proof of insurance for a vehicle on which the IID is to be installed.

h. Meet any other eligibility criteria established by § 4177C of this title or by regulations of the Division of Motor Vehicles.

(2) The Secretary shall revoke an offender’s IID license if the offender does any of the following:

a. Fails to abide by the terms of the IID lease with the service provider as approved by the Division of Motor Vehicles.

b. Fails to comply with the Division of Motor Vehicles’ regulations concerning offender IID license restrictions.

c. Attempts, allows, or causes an attempt to bypass, tamper with, disable, or remove the IID or its wires in connection.

d. Attempts to operate a vehicle without possessing registration and an IID license that complies with this section.

e. Violates any section of this title relating to the use, possession, or consumption of alcohol or intoxicating or impairing substances.

f. Accumulates more than 5 points per year.

g. Fails to continue to meet all eligibility criteria identified in paragraph (f)(1) of this section.

h. Fails to provide proof to the Division of Motor Vehicles that an approved IID has been installed before being issued an IID license.

i. Fails or refuses to take random tests at such times and by such means as the Division of Motor Vehicles requires.

j. Fails to keep scheduled appointments with the Division of Motor Vehicles and the service provider.

k. Fails to report to the service provider on a monthly basis for service of the approved IID.

(3) Extension of program participation. — a. The Secretary or the Secretary’s designee shall extend the offender’s revocation period or participating requirement in the IID program upon a determination by the Secretary or the Secretary’s designee that the offender has failed to comply with the requirements of subsection (d) of this section for any of the following actions:

1. Each BAC reading of .05 or above.

2. Running retest violation.

3. Each missed monitoring appointment.

4. Start up violation; IE lock-out failure.

5. Tampering with or bypassing the interlock system.

6. Intentional circumvention of the interlock system or program requirements.

7. Any other noncompliance of program requirements specified in paragraph (f)(2) of this section as deemed by the Secretary or the Secretary’s designee.

b. The Secretary shall extend the offender’s revocation period or participating requirement in the IID program as follows:

1. For 2 months for any combination of 3 of the actions under paragraph (f)(3)a. of this section.

2. For 4 months for any combination of 5 of the actions under paragraph (f)(3)a. of this section.

3. For 6 months for any combination of 8 of the actions under paragraph (f)(3)a. of this section.

4. An additional 1 month for each action under paragraph (f)(3)a. of this section in excess of 8.

(4) Disqualification. —

The Secretary or the Secretary’s designee, upon 10 days prior notice by certified mail, may disqualify an offender at any time upon a determination by the Secretary that the participant has failed to comply with any of the requirements of paragraph (f)(3)a.7. of this section. Upon disqualification, the IID must remain on the offender’s vehicle, or a vehicle on which the IID was installed, for the balance of the period required based on the offender’s revocation period and extensions under paragraph (f)(3)b. of this section, however, no driving authority will be granted during this remaining period. The offender is responsible for all fees for the IID during this period.
21 Del. C. § 4179 — Delaware Code / Title 21 / Chapter 41 / Subchapter X / Section 4179
§ Â
        4179. Stopping, standing or parking.
Status: reserved

(a) Upon any highway outside of a business or residential district, no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the roadway, except when necessary to avoid conflict with other traffic or where it is necessary for public utility vehicles to temporarily stop along the highway to make alterations in or repairs to utility facilities, so long as proper traffic-control devices are posted or where it is in compliance with the directions of a police officer or traffic-control device.

(b) Whenever any person authorized to issue a summons under this title finds a vehicle standing upon the highway in violation of subsection (a), (e) or (f) of this section, the authorized person may move such vehicle or require the driver or other person in charge of the vehicle to move same to a position off the highway.

(c) Any person authorized to issue a summons under this title is hereby authorized to remove or cause to be removed any unattended vehicle illegally left standing upon any highway, bridge, causeway, or in any tunnel in such a position or under such circumstances as to obstruct the normal movement of traffic.

(d) Subsections (a) and (b) of this section shall not apply to the driver of any vehicle which is disabled while on the roadway in such a manner and to such an extent that it is impossible to avoid stopping and temporarily leaving such vehicle in such position.

(e) No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, including all state-owned and/or state leased property; in any of the following places:

(1) On a sidewalk;

(2) In front of a public or private driveway;

(3) Within an intersection;

(4) Within 15 feet of a fire hydrant;

(5) On a crosswalk;

(6) Within 20 feet of a crosswalk;

(7) Within 30 feet upon the approach to any flashing beacon, stop sign or traffic-control signal;

(8) Between a safety zone or island and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone or island, unless a different length is indicated by traffic-control devices;

(9) Within 50 feet of the nearest rail or railroad crossing, unless a different length is indicated by traffic-control devices;

(10) Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of the entrance when properly designated by traffic-control devices;

(11) Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic;

(12) Upon the roadway of any highway when it is practical to stop, stand or park off the roadway;

(13) On the roadway side of any vehicle stopped or parked on the shoulder or at the edge or curb of a highway;

(14) Upon any bridge or other elevated structure upon a highway or within a highway tunnel;

(15) At any place where official traffic-control devices prohibit stopping, standing or parking;

(16) At any place where such parking, standing or stopping obstructs the free passage of other traffic;

(17) Wherever a curb is marked yellow or a yellow line is placed at the edge of a roadway or shoulder;

(18) In the area between roadways of a divided highway, including crossovers;

(19) In any area owned by, leased by or under the control of the State, when such area has been designated by the Director of the Office of Management and Budget as a reserved parking space for members of the General Assembly, their staff, state-owned vehicles, specific state offices or state employees. Such parking spaces will be conspicuously marked as such;

(20) In any areas which in any manner restricts access to or ingress or egress from the areas defined in paragraph (19) of this subsection.

(f) No person shall move a vehicle not lawfully under the person’s control into such prohibited area or away from a curb such distance as is unlawful.

(g) The Superintendent of the State Police is hereby authorized to appoint cadets who shall have authority to enforce violations of the section within the unincorporated areas of each county. Cadets appointed pursuant to this section must be at least 18 years of age. The Superintendent may establish such other qualifications as are deemed necessary or desirable.

(h) A summons issued by a cadet appointed by the Superintendent pursuant to this section shall have the same force and effect as a summons issued by the State Police.
21 Del. C. § 7508 — Delaware Code / Title 21 / Chapter 75 / Section 7508
§ Â
        7508. Refusal, suspension or revocation of license.
Status: in_force

The Department may refuse to grant a license under this chapter to a person and may suspend, revoke or refuse to renew a license of any person if it finds that:

(1) The person has violated or is attempting to violate this chapter or any rule or regulation adopted by the Department under this chapter;

(2) The person has violated or is attempting to violate any other provisions of the Delaware Code that relate to the business activity of that person; or

(3) Any automotive recycler or employee has violated or is attempting to violate this chapter and any rule or regulation adopted under this chapter or any other provisions of the Delaware Code that relate to the business activities of the person unless the Department is satisfied that the management of the business:

a. Had no knowledge of the wrongful conduct; or

b. Was unable to prevent the violation or attempted violation.
21 Del. C. § 4415 — Delaware Code / Title 21 / Chapter 44 / Section 4415
§ Â
        4415. Disposal of vehicles 8 years of age or older by wrecker owners.
Status: in_force

(a) This section applies to motor vehicles whose model year age is 8 years of age or older on the date of towing.

(b) Any wrecker owner is vested with a lien as defined in § 3901 of Title 25 upon taking possession of any motor vehicle described in subsection (a) of this section.

(c) The wrecker owner in possession of a motor vehicle and requesting a Delaware certificate of title shall contact the Delaware Division of Motor Vehicles to determine the owner(s) of any vehicle with undetermined ownership within 5 calendar days of towing the vehicle.

(d) The owner and all secured parties shall be notified by the wrecker owner within 10 days of the wrecker owner’s receipt of information from the Division of Motor Vehicles. This notification must be by registered mail or certified mail.

(e) The owner and all secured parties shall either satisfy the lien or respond to the notification within 5 calendar days from receipt of said notification. This response shall include either a signed release of interest in the vehicle pursuant to § 3904 of Title 25 or a signed letter contesting the disposal.

(1) If the owner and/or any secured party contests the lien or the disposal, the person may contest the lien or the disposal to the closest Justice of the Peace Court to the address of the wrecker owner.

(2) If the owner and/or secured party does not reply within 5 days from the receipt of said notification, the wrecker owner may proceed to sell according to § 3903 of Title 25.

(f) The wrecker owner shall have the vehicle inspected by the Delaware State Police Auto Theft Unit between the date the vehicle is towed and the thirtieth day following that date.

(g) If the unit is released by the registered owner and all secured parties, the wrecker owner may proceed to transfer the vehicle without having to comply with Chapter 39 of Title 25. This transfer shall be made to a salvage yard without a certificate of title, but shall be made on forms furnished by the Department of Safety and Homeland Security.

(h) If the model year of the unit cannot be determined, then it will not be subject to this section.

(i) If the name and address of the owner or secured party is not recorded with the Division of Motor Vehicles, the wrecker owner assumes unencumbered title after the vehicle has been in the wrecker owner’s possession for 30 days. Any transfer shall be made to a salvage yard without a certificate of title but shall be made on forms furnished by the Department of Safety and Homeland Security.

(j) Any wrecker owner may transfer a vehicle described in subsection (a) of this section directly to a licensed automotive recycler when said vehicle has been in the wrecker owner’s possession for 30 days, without owner notification, only after the vehicle has been inspected by the State Police Auto Theft Unit and upon receipt of a Certificate Of Authority To Dispose Of A Towed Vehicle Form issued by the Department. A wrecker owner shall be issued a Certificate Of Authority To Dispose Of A Towed Vehicle Form when the wrecker owner submits to the Department the approved application form:

(1) Along with the State Police Vehicle Inspection Report and a copy of the corresponding Police Tow Form; or

(2) When the vehicle has been towed from private property, along with other documentary evidence of the right to the possession, containing description of vehicle, date towed, location towed from and person authorizing the towing.

(k) Any wrecker owner who violates this section shall, for the first offense, be fined not less than $25 nor more than $50 for each vehicle violation. For each subsequent life offense within 1 year the wrecker owner shall be fined not less than $50 nor more than $100 for each vehicle violation.

(l) The last known registered owner of an abandoned vehicle is considered to be the prima facie owner of the vehicle at the time it was abandoned and to be the person who abandoned it.
21 Del. C. § 4143 — Delaware Code / Title 21 / Chapter 41 / Subchapter V / Section 4143
§ Â
        4143. Crossing at other than crosswalks.
Status: in_force

(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

(b) Any pedestrian crossing a roadway at a point where pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

(c) Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.

(d) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.
21 Del. C. § 4201 — Delaware Code / Title 21 / Chapter 42 / Section 4201
§ Â
        4201. Duty of driver involved in collisions resulting in property damage or injury.
Status: in_force

(a) The driver of any vehicle involved in a collision resulting in apparent damage to property shall immediately stop such vehicle at the scene of the collision. Said stop should be made as close to the scene of the collision as possible without obstructing traffic more than necessary. The driver shall immediately undertake reasonable efforts to ascertain whether any person involved in the collision was injured or killed. If such collision resulted in injury or death, the driver shall comply with § 4203 of this title. If, after reasonably ascertaining that there are no injuries or deaths, and if the damaged vehicle is obstructing traffic, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so as not to obstruct the regular flow of traffic more than necessary. If the damage resulting from such collision is to the property of the driver only, with no damage to the person, property of another, or the environment, the driver need not stay at the scene of the collision but shall immediately make a report of the damage resulting as required by § 4203 of this title.

(b) The driver shall give the driver’s name, address and the registration number of a vehicle and exhibit a driver’s license or other documentation of driving privileges to the owner of the property or the driver or occupants of any vehicle with which the driver’s vehicle collides.

(c) Whoever violates subsection (a) of this section shall be fined no less than $230 nor more than $1,150 or imprisoned not less than 60 days nor more than 6 months.

(d) The Secretary shall revoke the driver’s license and/or driving privilege of every person convicted under this section. Such revocation shall be for a period of 6 months.
21 Del. C. § 2703 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2703
§ Â
        2703. License to operate a motorcycle, motorbike, etc.
Status: in_force

(a) No person shall operate a “motorcycle,” as defined by § 101 of this title, motorbike or other 2-wheeled or 3-wheeled motor-driven vehicle upon a highway of this State without having been properly licensed and having passed, to the satisfaction of the Department, an examination testing the person’s ability to operate such vehicle safely. The Department shall place a motorcycle endorsement on the driver license authorizing the operation of such vehicle. A person who passes an examination administered by the Department on a 3-wheeled motorcycle shall have a restriction placed on that person’s driver license, in addition to the motorcycle endorsement, limiting that person to the operation of 3-wheeled motorcycles. A temporary motorcycle instruction permit can be issued to a person age 18 or older after passing a written motorcycle examination. This permit expires in 6 months. If for any reason whatsoever the applicant fails to pass the required road skills examination during the 6-month period granted by the permit, the permit shall be void, and the fee paid therefor shall be forfeited unless the applicant requests an extension thereof and pays the sum of $5.00. Upon payment of said sum the Division shall immediately issue 1 extension only of the permit for an additional 6 months. If the applicant fails to pass the required examination within the additional 6-month period, the permit shall become void. The following provisions shall apply to a person while operating a motorcycle with a temporary instruction permit for the operation of a motorcycle:

(1) No passengers shall be allowed on the motorcycle;

(2) Operating a motorcycle between sunset and sunrise is prohibited;

(3) A safety helmet and eye protection as approved by the Office of Highway Safety must be worn; and,

(4) Operation is not permitted on the federal interstate highway system.

(b) The initial and subsequent renewal fee for an authorization or endorsement under this section shall be $8.00 when the authorization or endorsement holder also holds a commercial motor vehicle driver license endorsed for the transport of hazardous materials. Otherwise, the fee for an initial authorization or endorsement under this section and each renewal shall be $12.

(c) Of each of the initial fees for authorization or endorsement collected pursuant to subsection (b) of this section the sum of $5.00 is appropriated to the Department of Transportation and shall be placed in a special account to be used only for expenses incurred in the administration of the motorcycle rider education program. For each fee collected for subsequent renewals pursuant to subsection (b) of this section, the total of such renewal fee shall also be appropriated to the Department of Transportation to be placed in said special account.

(d) The authorization or endorsement specified in subsection (a) of this section shall not be issued by the Division to any person under the age of 18 years unless the application therefor is signed both by the applicant and by the parent, guardian or court-ordered custodian of the applicant with whom the applicant resides in this State.

(1) Nevertheless, if the applicant has no parent, guardian or court-ordered custodian residing in the State to act as that applicant’s sponsor, another responsible adult person who resides with the applicant in this State who is acceptable to the Secretary of Transportation may sign the application.

(2) The following sponsors are listed in order of priority:

a. Either parent of the minor, if both parents are living together within this State and the minor resides with both parents;

b. Father of the minor, if the father is living within this State, and the minor resides with the father only; mother of the minor, if the mother is living within this State, and the minor resides with the mother only; or either parent, if either parent lives within this State, and the minor resides with neither parent, and the minor has no legal guardian within this State;

c. Guardian or court-ordered custodian of the minor, duly appointed as such, under the laws of this State; or

d. Any suitable person acceptable to the Secretary of Transportation.

(3) The Department shall not require as a prerequisite to the issuance of a license to a minor under this section, that the parent, guardian or court ordered custodian who signs the minor’s driver license application be present at the time the application is made by the minor, or sign the application at the offices of the Division of Motor Vehicles. The signing of the application and acknowledgment thereof by the natural parent, guardian, or court-ordered custodian before a notary public or other person authorized to administer oaths shall be deemed sufficient to satisfy the requirements of this section. Sponsors designated in paragraph (d)(2)d. of this section shall sign the minor’s license application in the presence of a Division representative.

(4) The sponsor who signs the motorcycle endorsement application on behalf of a minor can withdraw their sponsorship at any time until the minor reaches 18 years of age, thereby canceling the minor’s authority to drive a motorcycle. If the court terminates the custody order and the minor subsequently resides with a parent in this State, then the parent may cancel the driving privileges of the minor under this section. Once canceled, the applicant can reapply for a motorcycle endorsement when they meet the provisions of this section and pay the endorsement fee.

(5) It shall be unlawful for any person to sign the application of a minor under this section when such application misstates the age of the minor or misrepresents themselves or their relationship to the minor. Any person who violates this provision shall be guilty of a class B misdemeanor. Both the minor applicant and the sponsor’s driver’s license will be suspended for 2 months under § 2733(a)(5) of this title.

(e) The authorization or endorsement specified in subsection (a) of this section shall not be issued by the Department to any person under the age of 18 years unless such person:

(1) Complies with subsection (d) of this section; and

(2) Completes a motorcycle rider education program, such program having been approved by the State Department of Transportation pursuant to this chapter.
21 Del. C. § 3303 — Delaware Code / Title 21 / Chapter 33 / Section 3303
§ Â
        3303. Issuance of transporter license.
Status: in_force

Upon receiving an application for a transporter license from an applicant and determining, so far as possible, that the applicant is of good character and that the applicant has complied with and reasonably can be expected to comply with the laws of this State and requirements of this chapter, the Division may approve an application and issue a transporter license to the applicant.
21 Del. C. § 4356 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4356
§ Â
        4356. Use of flashing lights.
Status: in_force

(a) Any motor vehicle used by a fire chief, deputy fire chief, assistant fire chief, chief engineer, fire police officer and Chief EMS officer may have placed upon such motor vehicle flashing blue and white lights. Such flashing blue and white lights shall be used by the fire chief, deputy fire chief, assistant fire chief, chief engineer, fire police officer and Chief EMS officer of any regularly established fire company or ambulance company only in the performance of their duties. The white lights permitted under this subsection shall be embedded in, or otherwise associated with the activation or operation of, the headlamps and/or the flashing turn signal lights of the vehicle.

(b) A police vehicle, a volunteer fire company-owned vehicle or a City of Wilmington bureau of fire-owned vehicle may have placed upon such vehicle flashing blue and red lights or flashing blue, red and/or white lights.
21 Del. C. § 2342 — Delaware Code / Title 21 / Chapter 23 / Subchapter II / Section 2342
§ Â
        2342. Terminal rental adjustment clauses.
Status: in_force

In the case of motor vehicles or trailers, notwithstanding any other provision of law, a transaction does not create a sale or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer.
21 Del. C. § 4714 — Delaware Code / Title 21 / Chapter 47 / Section 4714
§ Â
        4714. Conflicts with other requirements of Delaware Motor Vehicle Code.
Status: in_force

(a) Nothing contained in this chapter shall be construed to prohibit the use of additional equipment and accessories, not inconsistent with or prohibited by this chapter, provided such equipment and accessories do not decrease the safety of operation of the motor vehicles on which they are used.

(b) Compliance with this chapter does not relieve the obligation to comply with other chapters of Titles 21 and 29; however, if a conflict occurs, the state or federal regulation herein adopted which promotes the greater degree of safety shall control.
21 Del. C. § 2162 — Delaware Code / Title 21 / Chapter 21 / Subchapter V / Section 2162
§ Â
        2162. Rescission, cancellation or suspension of registration.
Status: in_force

(a) The Department shall rescind, cancel or suspend the registration of a motor vehicle whenever the person to whom the registration card or registration or number plates therefor have been issued makes or permits to be made any unlawful use of the card or plates or permits the use thereof by a person not entitled thereto.

(b) The Department shall rescind, cancel or suspend the registration of any motor vehicle if it is determined by the Department that such motor vehicle should not have been registered in this State or that the person to whom the registration card or registration or number plates therefor have been issued is not the owner of the vehicle or that such person has made or permitted to be made illegal use of the motor vehicle.

(c) The Department shall rescind, cancel or suspend the registration of any motor vehicle and shall rescind, cancel, or suspend and shall take up the current registration plates of any motor vehicle which is determined by the Department at any time, upon inspection pursuant to this chapter, to be unsafe or unfit to be operated or to be not equipped as required by law.

(d) The Department shall rescind, cancel or suspend the registration of a commercial motor vehicle if the commercial motor carrier responsible for its safety has been prohibited from operating by a federal agency.
21 Del. C. § 312 — Delaware Code / Title 21 / Chapter 3 / Section 312
§ Â
        312. Report of stolen or recovered motor vehicles; index.
Status: in_force

(a) Every sheriff and every police commissioner and chief of police or peace officer of every jurisdiction, upon receiving information that a motor vehicle has been stolen or that a motor vehicle having been stolen has been recovered, shall immediately report such information upon the appropriate official form to the Department of Safety and Homeland Security.

(b) The Department of Safety and Homeland Security shall file all such reports of stolen or recovered motor vehicles and appropriately index the same and shall also file similar reports received from other states.
21 Del. C. § 6818 — Delaware Code / Title 21 / Chapter 68 / Section 6818
§ Â
        6818. Operation of OHVs â Without brakes.
Status: in_force

A person shall not operate an OHV unless such OHV is equipped with a brake or similar device adequate to control the movement of and to stop and to hold such OHV.
21 Del. C. § 7002 — Delaware Code / Title 21 / Chapter 70 / Section 7002
§ Â
        7002. Immunity for enforcement; exception.
Status: in_force

No law-enforcement officer, fire officer in charge or the fire officer’s delegate or fire marshal or fire marshal’s deputy, enforcing this chapter, and no one who removes a vehicle from a prohibited area as described in this chapter or stores such a vehicle, having been directed to remove or store such vehicle by a person authorized to enforce this chapter, shall be liable for criminal prosecution for any conduct directly relating to the enforcement of this chapter or be liable to any person for negligence, resulting in the injury to or loss or destruction of any real or personal property if such negligence arises out of the enforcement of this chapter; provided, however, that such persons shall be liable for loss or destruction of any real or personal property caused by acts or omissions amounting to gross negligence or wilful or wanton misconduct.
21 Del. C. § 6409 — Delaware Code / Title 21 / Chapter 64 / Section 6409
§ Â
        6409. Disclosure of odometer information for leased motor vehicles.
Status: in_force

(a) Before executing any transfer of ownership document, each lessor of a leased motor vehicle shall notify the lessee in writing that the lessee is required to provide a written disclosure to the lessor regarding the mileage. This notice shall contain a reference to the federal law and shall state that failing to complete or providing false information may result in a fine and/or imprisonment. Reference may also be made to applicable state law.

(b) In connection with the transfer of ownership of a leased motor vehicle, the lessee shall furnish to the lessor a written statement regarding the mileage of the vehicle. This statement must be signed by the lessee and, in addition to the information required by subsection (a) of this section, shall contain the following information:

(1) The printed name of the person making the disclosure;

(2) The current odometer reading (not to include tenths of miles);

(3) The date of the statement;

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

(5) The lessor’s name and current address;

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

(7) The date that the lessor notified the lessee of the disclosure requirements;

(8) The date that the completed disclosure statement was received by the lessor; and

(9) The signature of the lessor.

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

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

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

(3) If the lessee knows that the odometer reading otherwise differs from the actual mileage and that the difference is greater than that caused by odometer calibration error, the lessee shall include a statement that the odometer reading is not the actual mileage and should not be relied upon.

(d) If the lessor transfers the leased vehicle without obtaining possession of it, the lessor may indicate on the title the mileage disclosed by the lessee does not reflect the actual mileage of the vehicle.
21 Del. C. § 4336 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4336
§ Â
        4336. Stop lamps and turn signals required on new motor vehicles.
Status: in_force

It shall be unlawful for any person to sell any new motor vehicle, including any motorcycle or motor-driven cycle, in this State, or for any person to drive such vehicle on the highways, unless equipped with at least 1 stop lamp meeting the requirements of § 4347 of this title.
21 Del. C. § 4181A — Delaware Code / Title 21 / Chapter 41 / Subchapter X / Section 4181A
§ Â
        4181A. Establishment of voluntary assessment centers for payment of civil penalties for parking; payment by voluntary assessment; procedures for contesting; presumptions; failure to pay or contest.
Status: in_force

(a) Establishment of municipal voluntary assessment centers. — (1) An incorporated city or town may establish a voluntary assessment center for the payment of civil penalties for violations of their respective municipal ordinances, codes or regulations involving stopping, standing or parking.

(2) An incorporated city or town may, by ordinance, establish the amount of the civil penalty for each stopping, standing or parking offense.

(3) An incorporated city or town which establishes a voluntary assessment center may, by ordinance, provide for the imposition of 1 or more increases in the amount of the civil penalty if the fine is not timely paid.

(4) An incorporated city or town which establishes a voluntary assessment center may, by ordinance, provide for a reduction in the amount of the civil penalty due if such civil penalty is paid during a specified time period which is prior to the summons due date.

(b) Payment by voluntary assessment. — An owner or operator shall pay the amount on the summons to the voluntary assessment center listed on the summons, which center may be either a municipal voluntary assessment center or the Justice of the Peace Court Voluntary Assessment Center. No court costs or other administrative fee shall be assessed if a civil penalty is paid by voluntary assessment. In lieu of payment, an owner or operator may notify the applicable voluntary assessment center, within the time period specified on the summons, that such owner or operator requests a hearing in the Justice of the Peace Court.

(c) Presumptions. — (1) If any vehicle found to be in violation of this subchapter or any ordinance, code or regulation regulating stopping, standing or parking is unattended at the time the violation is discovered and the identity of the operator is not otherwise apparent, the person in whose name such vehicle is registered as the owner shall be held responsible for such violation, unless the owner can furnish evidence that the vehicle was, at the time of the violation, in the care, custody or control of another person. Such presumption shall be rebutted if the owner:

a. Prior to the due date furnishes to the voluntary assessment center either:

1. An affidavit stating that the owner was not the operator of the vehicle at the time of the alleged violation and provides the name and address of the person, or company who leased, rented or otherwise had the care, custody or control of the vehicle; or

2. Attaches a certified copy of a police report showing that the vehicle or license plate or plates thereof had been reported to the police as stolen prior to the time of the alleged violation; or

b. Provides proof in Court that the owner was not the operator of the vehicle at the time of the alleged violation.

(2) A summons may be issued by the prosecuting agency to a person identified by affidavit or evidence in court as the actual operator of the vehicle shown to have violated this subchapter or an ordinance, code or regulation regulating stopping, standing or parking. There shall be a presumption that the person so identified was the driver. The presumption may be rebutted as described in this subsection.

(d) Procedure for contesting. — (1) A request for a hearing must be made no later than the due date indicated on the summons, which date shall not be sooner than 20 days from the date the summons was issued.

(2) The voluntary assessment center shall notify the Justice of the Peace Court when a hearing is requested. Such notification shall be in accordance with policies and procedures developed by the Justice of the Peace Court.

(e) Failure to pay or contest the violation. — If the owner or operator:

(1) Fails to respond to the summons on or before the due date in any of the manners permitted by this section, or

(2) Requests a hearing and fails to appear,

the Court may, upon motion, enter a default judgment against such owner or operator. However, when the default judgment is sought for a failure to respond to the summons, no default judgment shall be entered until notice by first class mail is sent by the Court to such owner or operator providing the owner or operator with 10 days to pay the civil penalty to the Court or request a hearing to contest the charge. A default judgment may include any applicable increases in the amount of the civil penalty for failure to timely pay or contest. The applicable city, county, or state agency may seek execution on any judgment entered by the Court.

In addition, the applicable city, county or state agency may tow the vehicle if it is located in its jurisdiction and levy on it for the amount of unpaid tickets plus towing charges.
21 Del. C. § 2140K — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2140K
§ Â
        2140K. Special license plate for atTAcK addiction.
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 “atTAcK addiction” registration plate.

(b) This section applies to:

(1) A private passenger vehicle;

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

(3) A van with a ¾-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 administrative fee of $10 is required in addition to the annual registration fee required by this title. The additional fee is required for members of nonprofit organizations even if the members are exempt from registration fees under § 2159 of this title. A replacement plate may be obtained upon payment of a fee set by the Division of Motor Vehicles to cover the cost of the plate.

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

(e) The Division shall reserve sufficient license plates starting with the prefix “WE” and numbered consecutively beginning with the numeral “2” as required for this section.

(f) All registration plates issued pursuant to this section shall be the colors and design of blue/gold with the organization logo placed to the left side of the plate and Delaware listed at the top or bottom of the plate as determined by the Division of Motor Vehicles in conjunction with the atTAcK addiction organization. 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. § 4188 — Delaware Code / Title 21 / Chapter 41 / Subchapter XI / Section 4188
§ Â
        4188. Following fire apparatus; driving vehicle over fire hose.
Status: in_force

(a) No driver of any vehicle, other than on official business, shall follow any fire apparatus traveling in response to a fire alarm closer than 500 feet or drive into or park such vehicle within 500 feet where fire apparatus has stopped in answer to a fire alarm. No person shall be deemed to have violated this subsection with regard to parking if the act of parking was done prior to the giving of alarm of such fire.

(b) No person shall drive any vehicle over any line of hose which has been laid for the purpose of extinguishing a fire without the consent of the fire department official in command.

(c) Whoever violates this section shall be fined not less than $28.75 nor more than $115.
21 Del. C. § 4157 — Delaware Code / Title 21 / Chapter 41 / Subchapter VI / Section 4157
§ Â
        4157. Method of giving hand and arm signals.
Status: in_force

All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:

(1) Left turn. — Hand and arm extended horizontally.

(2) Right turn. — Hand and arm extended upward.

(3) Stop or decrease speed. — Hand and arm extended downward.
21 Del. C. § 2702 — Delaware Code / Title 21 / Chapter 27 / Subchapter I / Section 2702
§ Â
        2702. Driver's license classification, qualifications, fees; learner's permits; definitions.
Status: in_force

(a) The Division upon issuing a driver’s license shall indicate thereon, in a manner prescribed by the Division, the type or general class of vehicles the licensee may drive.

(b) The Division shall establish such qualifications as it believes reasonably necessary for the safe operation of the various types, sizes or combinations of vehicles and shall appropriately examine each applicant according to the type or general class of license applied for.

(c) (1) When the licensee desires to change the type or class of license which the licensee has been issued and such change requires another examination to be administered, a fee of $10 shall be assessed for such change.

(2) When the licensee desires to add an endorsement or endorsements to the licensee’s license, and the endorsement requires additional testing, a fee of $5.00 shall be assessed.

(3) These fees shall not be imposed on motorcycle applicants for whom fees are required under § 2703 of this title.

(d) Vehicles driven by minor permit holders. — (1) A “Driver Education Learner’s Permit” authorizes the holder to operate those vehicles that a holder of a Class D operator’s license can operate.

(2) A “Level 1 Learner’s Permit” authorizes the holder to operate those vehicles referenced under paragraph (d)(1) of this section.

(e) Classifications, endorsements and restrictions. — (1) Class D operator’s license. — Authorizes the license holder to operate any single vehicle with a GVWR of less than 26,001 pounds or any such vehicle towing a vehicle with a GVWR not in excess of 10,000 pounds. The vehicle must be designed to transport 15 or fewer passengers, including the driver, and they shall not transport hazardous materials which require the vehicle to be placarded under federal law.

(2) Temporary license. — A temporary license may be issued to the holder of a valid Class D operator’s license or commercial driver’s license to extend the expiration date, to replace a lost license or in lieu of the Class D or CDL licensing document. A temporary license or temporary instruction permit may be issued to an unlicensed driver for specialized training.

(3) Temporary instruction permit. — Authorizes the holder to operate those vehicles defined under paragraph (e)(1) of this section.

(4) Commercial driver’s license. — CDL Class A, CDL Class B and CDL Class C licenses are defined in § 2611(b) of this title.

(5) Conditional license. — Limited driving privileges granted under § 2607(b) or § 4177C of this title and § 4767 of Title 16.

(6) Occupational license. — Limited driving privileges granted under §§ 2118(r), 2607(b) and 2733(g) of this title.

(7) Hardship license. — Limited driving privileges granted under § 2751(s) of this title.

(8) Endorsement and restriction codes. — The Division is authorized to establish endorsement and restriction codes based upon this title.

(9) Non-CDL Class A or non-CDL Class B license. — Authorizes the holder to operate farm vehicles, fire-fighting equipment, and other authorized emergency vehicles under the commercial driver license waivers defined in § 2621 of this title.

(10) IID license. — Authorizes the holder to operate a vehicle with full Class D operators driving privileges only when the vehicle is equipped with an ignition interlock device.
21 Del. C. § 408 — Delaware Code / Title 21 / Chapter 4 / Subchapter I / Section 408
§ Â
        408. Agreements to be written, filed and available for distribution.
Status: in_force

All agreements, arrangements or declarations or amendments thereto shall be in writing and shall be filed in the office of the Secretary of Transportation. Copies thereof shall be made available by the Secretary of Transportation upon request and upon payment of a fee therefor in an amount necessary to defray the costs of reproduction thereof.
21 Del. C. § 3309 — Delaware Code / Title 21 / Chapter 33 / Section 3309
§ Â
        3309. Effect of denial of original or renewal application or revocation on applicant or licensee.
Status: in_force

(a) A transporter whose application for licensure or renewal has been denied, or whose license has been revoked, may not be employed by any other licensed transporter or dealership, nor may the transporter be employed in any of the capacities listed in this section for the following time periods:

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

(2) If a transporter’s original or renewal application is denied, for 12 months from the date of the decision denying the application, or any other time period set forth in the decision.

(b) When issuing a decision that revokes or suspends a transporter license, or that denies an original or renewal application, the Division must provide the applicant or licensee with notice of the following:

(1) The transporter must return all documentation and transporter plates required under § 3311 of this title.

(2) If the transporter does not return the documentation or plates as required by this section within 30 days from the date the Division provides the required notification, the time periods set forth in subsection (a) of this section are extended by 1 day for each day the documentation and transporter plates remain outstanding.

(3) If the documentation and transporter plates are not provided within 6 months of the deadline, the time periods set forth in subsection (b) of this section may be extended indefinitely.

(c) If a transporter is or is found to have been employed in violation of this section, the time periods set forth in subsection (a) are extended by 6 months for every month the transporter is employed in violation of this section.

(d) The prohibitions set forth in this section apply to any individual applicant or licensee. If the applicant or licensee is a partnership, the prohibitions set forth in this section apply to each individual partner listed on the application. If the applicant or licensee is a corporation, the prohibitions set forth in this section apply to the individual or individuals who signed the application.

(e) The Division must notify any transporter found to be in violation of this section of its intent to extend the suspension of the license or any time periods set forth under subsection (a) of this section. The notice may be provided in the same manner as the notice of intent to revoke or suspend the license or deny the original or renewal application under § 3308 of this title. The notice must include the following:

(1) The Division’s intent to extend the suspension or any time periods set forth under subsection (a) of this section.

(2) The nature of the violations committed by the transporter.

(3) An explanation that the transporter has a right to request a hearing to dispute the intended extension of the suspension or time periods set forth under subsection (a) of this section, that the hearing must be requested within 10 business days from the earlier of the date the applicant or licensee receives the notice or the Division receives the return receipt.

(4) An explanation that the transporter has the right to present evidence, to be represented by counsel, and to appear personally or by other representative at the hearing, if requested.

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

(g) Any hearing requested by a transporter under this section must follow the procedures set forth in § 3310 of this title.
21 Del. C. § 4411 — Delaware Code / Title 21 / Chapter 44 / Section 4411
§ Â
        4411. Storage area for abandoned vehicles.
Status: in_force

The Department of Safety and Homeland Security or State Police shall designate the area or areas in each county which shall be used for the storage of abandoned vehicles.
21 Del. C. § 2948 — Delaware Code / Title 21 / Chapter 29 / Subchapter III / Section 2948
§ Â
        2948. Certificate of insurance as proof.
Status: in_force

(a) Proof of financial responsibility may be furnished by filing with the Secretary the written certificate of any insurance carrier duly authorized to do business in this State certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. Such certificate shall give the effective date of such motor vehicle liability policy, which date shall be the same as the effective date of the certificate and shall designate by explicit description or by appropriate reference all motor vehicles covered thereby, unless the policy is issued to a person who is not the owner of a motor vehicle.

(b) No motor vehicle shall be or continue to be registered in the name of any person required to file proof of financial responsibility unless such motor vehicle is so designated in such certificate.
21 Del. C. § 4203 — Delaware Code / Title 21 / Chapter 42 / Section 4203
§ Â
        4203. Duty to report collisions; evidence.
Status: repealed

(a) After complying with the requirements of §§ 4201 and 4202 of this title, the driver of any vehicle involved in the following described vehicular collisions shall immediately report such collision to the police agency which has primary jurisdictional responsibility for the location in which the collision occurred:

(1) When the collision results in injury or death to any person;

(2) When the collision occurs on a public highway and results in property damage to an apparent extent of $2,000 or more; or

(3) When it appears that any collision involving a driver whose physical ability is impaired as a result of the use of alcohol or drugs or any combination thereof.

(b) When a collision is not required to be reported under subsection (a) of this section, the driver may report such collision to the appropriate police agency as described in subsection (a) of this section, after complying with § 4201(b) of this title.

(c) Police agencies may investigate any collision which occurs within that agency’s jurisdiction.

(d) Police agencies shall investigate and complete the State of Delaware Uniform Traffic Collision Report supplied by the Delaware Department of Safety and Homeland Security on all reported collisions involving an impaired driver, apparent property damage to the extent of $2,000 or more or personal injury or death to a person, when such collisions occur within that agency’s jurisdiction.

(e) The Department of Safety and Homeland Security may require drivers involved in collisions, or police departments, to file supplemental reports of collisions upon forms furnished by it whenever the original report is insufficient in the opinion of the Department of Safety and Homeland Security. Such reports shall be without prejudice, shall be for the information of the Department of Safety and Homeland Security and shall not be open to public inspection. The fact that such reports have been so made shall be admissible in evidence solely to prove a compliance with this section but no report or any part thereof or statement contained therein shall be admissible in evidence for any other purpose in any trial, civil or criminal, arising out of such collisions.

(f) [Repealed.]
21 Del. C. § 2105 — Delaware Code / Title 21 / Chapter 21 / Subchapter I / Section 2105
§ Â
        2105. Registration of heavy vehicles.
Status: repealed

(a) Every person applying to register a vehicle at a registered gross vehicle weight in excess of 26,000 pounds shall provide to the Department with the application documentation of the manufacturer’s gross vehicle weight rating for such vehicle.

(b) Any of the following items shall constitute acceptable documentation of the manufacturer’s gross vehicle weight rating in accordance with this section:

(1) A valid manufacturer’s gross vehicle weight rating plate, sticker or plaque permanently affixed to the vehicle; or

(2) New vehicle delivery documents which contain the vehicle identification number (VIN), and the gross vehicle weight rating; or

(3) A written statement from the manufacturer setting forth the vehicle identification number (VIN), the weight ratings of the major component parts of the vehicle, including axle assemblies, suspension system, frame and tires, and the overall gross vehicle weight rating. The manufacturer’s statement must be based on the design weight rating of the component parts, including tires, and upon the professional judgment of the manufacturer, in the exercise of due care, that the components and their installation are in accordance with accepted industry practice and in compliance with the Federal Motor Vehicle Safety Standard found in Title 49 of the Code of Federal Regulations.

(4) In the case that a vehicle is missing a valid manufacturer’s gross vehicle weight rating plate, sticker, or plaque, or cannot obtain a manufacture’s statement, DMV shall assign a GVWR for that vehicle based on the federal bridge formula, or acceptable alternative.

(c) As used in this chapter, “manufacturer” shall include any maker of new, incomplete vehicles and such maker’s authorized sales and service representatives; any maker or final assembler of vehicle bodies, components or specialized equipment; and any installer of vehicle bodies, major components or specialized equipment which alters the vehicle’s gross vehicle weight rating, or which substantially changes its use, and which conforms to the requirements of the National Traffic and Motor Vehicle Safety Act [repealed; see now 49 U.S.C. § 30101, et seq.] and of the Federal Motor Vehicle Safety Standard found in Title 49 of the Code of Federal Regulations.

(d) Any vehicle which has a gross weight in excess of 26,000 pounds, except as provided in §§ 2152 and 4502(c)(2) of this title, shall not be registered at a weight in excess of the manufacturer’s gross vehicle weight for such vehicle or the Federal Bridge Formula in the absence of a manufacturer’s gross vehicle weight rating. For those vehicles registered pursuant to § 2152 of this title, the actual gross weight of the vehicle, or each vehicle in combination, shall not exceed the manufacturer’s gross vehicle weight rating. For those vehicles registered for extra weight capacity pursuant to the exception of § 4502(c)(2) of this title, the following shall apply:

(1) Vehicles registering for such extra weight capacity shall pay a fee of $100 per vehicle at the time of registration;

(2) No vehicle with a manufacturer’s gross vehicle weight rating of less than 65,000 shall be registered at a weight in excess of the manufacturer’s gross vehicle weight rating for such vehicle;

(3) No vehicle being registered for the first time shall be registered at a weight in excess of the manufacturer’s gross vehicle weight rating for such vehicle;

(4) No vehicle with a model year 20 or more years prior to the date of registration shall be registered at a weight in excess of the manufacturer’s gross vehicle weight rating for such vehicle; and

(5) Commencing June 15, 2026, no vehicle shall be registered at a weight in excess of the manufacturer’s gross vehicle weight rating for such vehicle.

(e) If registered pursuant to § 2152 of this title, any vehicle which has a gross weight rating in excess of 26,000 pounds shall not be operated within this State unless such vehicle is properly registered pursuant to this section and either:

(1) Has permanently affixed to it an unaltered and legible plate, sticker or plaque which states the gross vehicle weight rating; or

(2) Has within the vehicle the manufacturer’s gross vehicle weight rating documentation required by subsection (b) of this section.

(f) Any vehicle altered so as to change its gross vehicle weight rating or substantially change its use shall not be registered or operated within this State unless the vehicle’s new gross weight rating is documented in accordance with subsection (b) of this section.

(g) If the gross vehicle weight rating for a vehicle registered pursuant to this section is documented in accordance with paragraph (b)(2) or (3) of this section, the Division of Motor Vehicles shall maintain such documentation of the manufacturer’s gross vehicle weight rating as part of such vehicle’s title file.
21 Del. C. § 6823 — Delaware Code / Title 21 / Chapter 68 / Section 6823
§ Â
        6823. Operation of OHVs â Helmets.
Status: in_force

(a) A person shall not operate a 2-wheel or 3-wheel OHV unless the operator and all passengers are wearing a protective helmet meeting U.S. Department of Transportation standards on their heads, with the chin straps properly fastened.

(b) A person under 18 years of age shall not operate any ATV unless the operator is wearing a protective helmet meeting U.S. Department of Transportation standards on the operator’s head, with the chin straps properly fastened. A person under 18 years shall not be a passenger on an ATV unless the passenger is wearing a protective helmet meeting U.S. Department of Transportation standards on the passenger’s head, with the chin straps properly fastened.
21 Del. C. § 2133 — Delaware Code / Title 21 / Chapter 21 / Subchapter II / Section 2133
§ Â
        2133. Penalties; jurisdiction of justices of the peace.
Status: in_force

(a) Any person who:

(1) Knowingly inserts any false information upon the face of a temporary registration plate; or

(2) Issues any temporary registration plate to a person or for a vehicle other than those permitted under this title; or

(3) Operates any vehicle bearing a temporary registration plate which is invalid or expired shall be guilty of an unclassified misdemeanor, and 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 $200, or imprisoned not less than 10 nor more than 30 days, or both.

(b) Justices of the peace shall have jurisdiction of offenses under this section.
21 Del. C. § 2109 — Delaware Code / Title 21 / Chapter 21 / Subchapter I / Section 2109
§ Â
        2109. Period of registration; effective date.
Status: in_force

(a) Any vehicle described in § 2151 of this title may be registered for 24 months, 12 months or 6 months and the effective date of the registration shall be the date the vehicle is titled. Any used vehicle not more than 7 model years old may be registered from 6 to 72 months based on a model year and mileage formula established by the Division of Motor Vehicles. The Division of Motor Vehicles may require vehicles to be registered for less than 24 months as may be necessary to ensure a balanced monthly distribution of vehicle inspections and registrations; all fees shall be prorated. The registration of a vehicle shall expire at midnight on the last day of the period for which it is registered, and the vehicle shall not thereafter be operated upon the highways of this State until it has been reregistered according to law. This section shall not apply to the vehicles registered under the International Registration Plan or to vehicles registered under temporary or limited permits or certificates as otherwise provided by this title.

(b) The owner of any semitrailer or trailer who wishes to match that vehicle’s license plate expiration with the towing vehicle’s license plate expiration may register such semitrailer or trailer for a period of from 1 to 12 months. In addition to the registration fee, which shall be prorated for the number of months registered, there shall be a service fee of $3.00. This subsection shall not apply to those vehicles which are under a fleet account as specified in § 2143(c) of this title.

(c) Notwithstanding subsections (a) and (b) of this section, any newly-manufactured current model year motor vehicle or trailer with a gross registered weight of 10,000 pounds or less not previously registered or titled in any state or country may be initially registered by the owner for 7 years or less. Newly-manufactured previous model year motor vehicles or trailers having the above criteria may initially be registered for 6 years or less by a prorated formula established by the Division of Motor Vehicles. The effective date of registration shall be the date the vehicle is titled. The registration fee shall be the number of years selected multiplied by the annual registration fee. Thereafter, the registration shall be renewed pursuant to § 2110 of this title.

(d) In calculating the prorated fees or combined annual fees payable pursuant to this section, the fees shall be calculated using the rates in effect or scheduled to be in effect during the period of the prorated or extended registration.
21 Del. C. § 4345 — Delaware Code / Title 21 / Chapter 43 / Subchapter II / Section 4345
§ Â
        4345. Lamps on other vehicles and equipment.
Status: in_force

Every vehicle, including animal-drawn vehicles and vehicles referred to in § 4355(c) of this title, not specifically required by this subchapter to be equipped with lamps or other lighting devices, shall at all times specified in § 4331 of this title be equipped with at least 1 lamp displaying a white light visible from a distance of not less than 500 feet to the front of said vehicle and shall also be equipped with 2 lamps displaying red light visible from a distance of not less than 500 feet to the rear of said vehicle, or as an alternative, 1 lamp displaying a red light visible from a distance of not less than 500 feet to the rear and 2 red reflectors visible for distances of 100 to 600 feet to the rear when illuminated by the upper beams of head lamps.
21 Del. C. § 2117 — Delaware Code / Title 21 / Chapter 21 / Subchapter I / Section 2117
§ Â
        2117. Refunds of fees paid for certain unused registrations.
Status: in_force

Upon the surrender to the Department of the number plates or plate issued for a vehicle registered under this title, and the furnishing of proof satisfactory to the Secretary and the State Treasurer that (1) the owner of the vehicle entered the armed forces of the United States after such vehicle was registered or (2) that the owner of such vehicle is 65 years of age or older and that the owner voluntarily surrendered such owner’s operator’s license following the attainment of such age and the registration or reregistration of such vehicle, and that the registration of such vehicle is in full effect, there shall be refunded to such owner, from the General Fund of this State, from funds not otherwise appropriated, a sum equal to as many twelfths of the fee paid for the registration of the vehicle as there are full calendar months in the registration year following the date of the receipt of the number plates or plate, less the sum of $1.00.
21 Del. C. § 6318 — Delaware Code / Title 21 / Chapter 63 / Section 6318
§ Â
        6318. Penalties.
Status: in_force

(a) Whoever violates any provision of this chapter shall be guilty of an unclassified misdemeanor and shall be fined not less than $50 nor more than $575.

(b) Subsection (a) of this section shall not apply to violations for which penalties are prescribed elsewhere in this title.
21 Del. C. § 8409 — Delaware Code / Title 21 / Chapter 84 / Section 8409
§ Â
        8409. Inspection and rejection by the dealer [For application of this section, see 79 Del. Laws, c. 161, Ââ5].
Status: in_force

(a) If a new recreational vehicle or new recreational trailer is damaged prior to transit to a new recreational vehicle dealer or is damaged in transit to the new recreational vehicle dealer when the carrier or means of transportation has been selected by the manufacturer or distributor, the new recreational vehicle dealer shall notify the manufacturer or distributor of the damage within the timeframe specified in the manufacturer-dealer agreement and:

(1) Shall request from the manufacturer or distributor authorization to replace the components, parts, and accessories damaged or to otherwise correct the damage; or

(2) Shall reject the vehicle within the timeframe set forth in subsection (d) of this section.

(b) If a manufacturer or distributor refuses or fails to authorize repair of damage pursuant to subsection (a) of this section within 10 days after receipt of notification, or if the new recreational vehicle dealer rejects the new recreational vehicle or new recreational trailer because of damage, ownership of the new recreational vehicle or new recreational trailer reverts to the manufacturer or distributor.

(c) A new recreational vehicle dealer shall exercise due care while the damaged new recreational vehicle or new recreational trailer is in the new recreational vehicle dealer’s custody, but the new recreational vehicle dealer has no other obligations, financial or otherwise, with respect to the vehicle.

(d) The timeframe for inspection and rejection of a new recreational vehicle or new recreational trailer by a new recreational vehicle dealer must be part of the manufacturer-dealer agreement and may not be less than 2 business days after the physical delivery of the vehicle.

(e) A new recreational vehicle or new recreational trailer that has, at the time of delivery to a new recreational vehicle dealer, an unreasonable amount of miles on its odometer as determined by the new recreational vehicle dealer, may be subject to rejection by the new recreational vehicle dealer and reversion of the vehicle to the manufacturer or distributor. In no instance may a new recreational vehicle dealer deem an amount less than the distance between the new recreational vehicle dealer and the manufacturer’s factory or a distributor’s point of distribution, plus 100 miles, as unreasonable.
21 Del. C. § 6832 — Delaware Code / Title 21 / Chapter 68 / Section 6832
§ Â
        6832. Jurisdiction.
Status: in_force

The Courts of the Justices of the Peace shall have jurisdiction over violations of this chapter except that the Family Court shall have jurisdiction over violations of this chapter when such violation is committed by any person under the age of 18 years of age.